Speeding driver used criminal ‘Nip farm’ to frame innocent motorist

Swansea criminals were involved in a nation-wide scam to make speeding tickets “go away” by naming innocent drivers as the guilty motorists. The fraudsters were selling details of genuine people to drivers who had been caught speeding and who wanted to avoid a fine and points on their licence – those innocent people end up getting prosecuted at courts across in England and Wales without their knowledge. The criminal operation – known as a “Nip farms” or “Notice of Intended Prosecution farms” – was detailed at Swansea Crown Court[1] after a barber was caught using the trick to try to avoid being done for speeding.

The driver has been jailed for attempting to pervert the course of justice, and the innocent man he named ended up losing his driving licence and his job, and being chased by bailiffs and debt collectors. Dean Pulling, prosecuting, said on April 21, 2021, a Toyota Yaris was caught by a speed camera on Glanmor Road in the Sketty area of Swansea[2] doing 35mph in the 30mph zone. The registered keeper of the car was Diyar Ali and a notice of intended prosecution or Nip was sent to his home address in Tenby[3] asking for details of who had been driving.

The court heard Ali provided a false name and details, and gave the man’s address as being on St Alban’s Road in the Brynmill area of Swansea. The person he named was a genuine driver though he actually lived in Eastbourne is Sussex. The prosecutor said a letter was sent to the St Alban’s Road address where a person “purporting to be the named individual” signed it, and then returned it.

A fixed penalty notice was sent to St Alban’s Road but when it went unanswered the matter was prosecuted in the absence of the named driver and he was fined GBP220 and had three points put on his licence.

The court heard heard that on February 27, 2022, another Toyota Yaris was caught on camera speeding on the A40 just west of Carmarthen[6] doing 64mph in the 50mph zone. A Nip was sent to the registered keeper of this vehicle – Ali gain – and he supplied the same false name as on the previous occasion, but this time giving the address as a house on St Helen’s Avenue in Swansea.

Again a person at the Swansea house signed the resulting notice and failed to respond to the fixed penalty leading to a prosecution and conviction in absence, and another GBP220 fine and three points on the innocent Sussex driver’s licence. The prosecutor said in October 2022 the Safety Camera Partnership and Dyfed-Powys Police became concerned about the Swansea addresses being provided in Nips documents, and launched an investigation. Enquiries showed that the properties were houses of multiple occupation being used to house asylum seekers, and the driver named by Ali had never lived in either.

Mr Pulling said as the investigation continued it emerged the houses were so-called “Nip farms” operated by people who, for a fee, would provide details of real drivers to motorists who wanted to avoid being prosecuted. He said these Nip farms were being advertised on social media platforms such as TikTok. It is thought Ali paid around GBP300 for the services of the Swansea Nip farm. Read about the ridiculous lengths some drivers go to avoid speeding tickets[7]

The court heard the driver named by Ali was tracked down to Eastbourne and it emerged he was a multiple victim who had been convicted in absence at courts around England and Wales. As a result of the work of the Nip Farms the delivery driver had lost his driving licence and job, been left in debt, was being chased by debt collectors, and had his car seized by bailiffs. In a statement to the court he said the whole experience of being wrongfully committed had had a significant impact on his mental health.

Mr Pulling said Ali was spoken to by police but continued the lie, saying he had sold the cars caught on camera to the Eastbourne driver and maintaining his insistence that he had not been driving on either occasion. His denials led police to examine mobile phone data, automatic number plate recognition cameras, and work records which all showed the innocent Sussex driver had been nowhere near Wales on the days in question – indeed, at the time Ali claimed the man had been driving on the outskirts of Carmarthen he had, in fact, been making a delivery in Brighton. The court heard phone data showed Ali’s mobile had co-located with the Yaris cars and the speed cameras on the relevant days, while DVLA records showed he had been the registered keeper of the vehicles not only on the dates in question but for many months afterwards.

Dyiar Ali, aged 30, of St Mary’s Street, Tenby, Pembrokeshire[8], had previously pleaded guilty to two counts of attempting to pervert the course of justice when he appeared in the dock for sentencing. He has no previous convictions in the UK. The court heard checks had been made on the Iraqi-national’s immigration status which showed his application for asylum had been refused but he had been granted temporary humanitarian permission to remain, permission he will have to reapply for this December.

Jon Tarrant, for Ali, said at the time of the offending the defendant had not realised the serious nature and impact of his offending, and had entered into the arrangement “with an element of naivety”. He said since arriving in the UK his client had been “essentially looked after” by friends who helped him with issues such as dealing with mail and official matters, and had who had also found him work in a barbers. Recorder Mark Powell KC told Ali that attempting to pervert the course of justice was a serious offence, and he said it was clear that using the services of somebody offering to “make the speeding offence go away” had led to serious consequences for a wholly innocent driver.

The judge said in coming to the appropriate sentence he was mindful of the defendant’s mental health difficulties but he noted a report had concluded those issues were linked to his use of cannabis and was “likely to be drug-induced psychosis”. With a one-third discount for his guilty pleas Ali was sentenced to eight months in prison – the defendant will serve up to half that period in custody before being released on licence to serve the remainder in the community. Ali was disqualified from driving for 12 months, and the ban was extended by an additional four months to account for the time he will be behind bars.

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References

  1. ^ Swansea Crown Court (www.walesonline.co.uk)
  2. ^ Swansea (www.walesonline.co.uk)
  3. ^ Tenby (www.walesonline.co.uk)
  4. ^ Driver caused 16-year-old cyclist catastrophic injuries when he sped through red traffic light (www.walesonline.co.uk)
  5. ^ Busker punched in face 30 times until he handed over his bank card PIN (www.walesonline.co.uk)
  6. ^ Carmarthen (www.walesonline.co.uk)
  7. ^ Read about the ridiculous lengths some drivers go to avoid speeding tickets (www.walesonline.co.uk)
  8. ^ Pembrokeshire (www.walesonline.co.uk)