Notice of Intention to Prosecute Registered Keeper Severe Learning Disability 11 November 2022 at 3:03PM in Motoring 43 replies 2.3K views

TinyClanger1973

Another interesting one relating to an NIP issued to my partner who has severe dyslexia.  It states clearing on the form and in the additional notes that ONLY the person it is addressed to can complete the form.

THIS FORM CAN ONLY BE COMPLETED BY THE PERSON IT IS ADDRESSED TO.  In their additional notes, ONLY the person can complete the relevant section.  

My partner cannot fill in the form, let along read or understand it.  There is nothing on either the form or in additional information covering this.  Askthepolice website doesn't cover this either.

I understand if I complete the form on his behalf, I will be effectively committing fraud because no-one, except who the NIP is addressed to can complete it.  

I've emailed Essex Police, where the alleged speeding offence took place, for clarification on this and have pointed out neither their guidelines or form give guidance on this, and, therefore, no reasonable adjustments have been made in these circumstances.  It is effectively discrimination under the Equality Act 2010.  Furthermore, not does their Askthepolice cover this matter.  I'm at a loss that they haven't even considered this as an issue because I've no doubt there will be some who are in exactly the same position.

DullGreyGuy

Surely this comes down to the definition of "completing the form"... if you are simply a scribe and write what he says verbatim and he makes his mark at the end then surely he is the one that has completed the form?

How would that be any different from typing into a computer or using voice to text on a computer and using a printer to create the physical copy? 

Car_54

i agree. Provided the partner ‘signs’ it there should be no problem.

And there is no question of ‘fraud’.

TinyClanger1973

His difficulties are such he wouldn't be able to fill in the form even if he could relay the information to me.  His memory recall is poor, part of the many ways his dyslexia affects him, he can't even remember the basics such as his full address or date of birth.  There would be no choice but for me to complete the form and for him to mark it.  They really need something in their guidelines.

Car_54

TinyClanger1973 said:

His difficulties are such he wouldn't be able to fill in the form even if he could relay the information to me.  His memory recall is poor, part of the many ways his dyslexia affects him, he can't even remember the basics such as his full address or date of birth.  There would be no choice but for me to complete the form and for him to mark it.  They really need something in their guidelines.

Exactly - so do that. Enclose a covering note if you think it necessary.

I agree that their guidelines should probably cover this.

sheramber

Does the statement not mean the registered keeper ,as opposed to the driver , should complete the form? 

Can you not complete it online? Is there no link for that on the notice?

TooManyPoints

His difficulties are such he wouldn't be able to fill in the form even if he could relay the information to me.

How did he get a driving licence? How does he make a proposal for an insurance policy? 

If you don't fancy the options above, what "reasonable adjustments" do you expect the police to make in these circumstances? The s172 notice that he has been asked to complete will be used in evidence in the event of a criminal prosecution. It cannot be used as such unless it has been signed. There is usually no other way to secure evidence as to who was driving at a particular time when an offence is detected remotely. 

On a wider note, s172 requires the Registered Keeper to provide the driver's details when requested by the police. Failure to do so is an offence unless the recipient of the notice can show that he did not know and, having exercised "reasonable diligence", could not find out. If your partner's memory recall is poor, would he be able to do this?

TinyClanger1973

I'll see what they come back with and post it here.  They really need to accommodate situations like these and have it marked clearly on their forms and accompanying notes.  As a public body they have to make reasonable adjustments to those with disabilities, and in this instance, for those with severe learning disabilities that cannot comply to the current conditions of the NIP.

Mildly_Miffed

The registered keeper is the person who is legally responsible for the vehicle. If he isn't capable of understanding that, and dealing with the paperwork, then he probably isn't actually capable of being the keeper.

Is this an s172 request to identify the driver? Was he driving?
(Do you know who was driving...? Was it you? If this is an attempt to get out of a perfectly legitimate speeding ticket...)

Do you have power of attorney over his affairs? If so, then you filling it out is legally exactly the same as him filling it out.

marcia_

TinyClanger1973 said:

I'll see what they come back with and post it here.  They really need to accommodate situations like these and have it marked clearly on their forms and accompanying notes.  As a public body they have to make reasonable adjustments to those with disabilities, and in this instance, for those with severe learning disabilities that cannot comply to the current conditions of the NIP.

  But does he have a severe learning disability. If he did he would be ineligible to drive. 

 If He has dyslexia he has a 'specific learning disability' and you can be his scribe. 

Aretnap

sheramber said:

Does the statement not mean the registered keeper ,as opposed to the driver , should complete the form? 

Can you not complete it online? Is there no link for that on the notice?

There will not be an option to complete it online because the law calls for "a statement in writing... purporting to be signed by the accused" as evidence of the drivers identity. 

https://www.legislation.gov.uk/ukpga/1988/53/section/12

There is be law to the effect that the police can insist that the RK provides information in a format that meets this definition (so you can't meet the requirement by phoning up and provide the information veterinary instead, or getting someone else to sign instead of you)

However a signature does not have to be a piece of beautiful calligraphy, or even a legible rendition of your name. There doesn't seem to be any reason why the OP can't fill in the form on her partner's behalf and the partner can "sign" it with a scribble or an X. Agree that this is the way to go, and include a covering letter if necessary.