[NIP Wizard] bobobob |
[NIP Wizard] bobobob |
Sun, 1 Aug 2010 - 17:13
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#1
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New Member Group: Members Posts: 8 Joined: 1 Aug 2010 Member No.: 39,450 |
NIP Details and Circumstances
What is the name of the Constabulary? - Date of the offence: - April 2010 Date of the NIP: - 96 days after the offence Date you received the NIP: - 97 days after the offence Location of offence (exact location as it appears on the NIP: important): - A55 The Warren (Roadworks, Est Bound), Flitshire Was the NIP addressed to you? - Yes Was the NIP sent by first class post, second class or recorded delivery? - Recorded If your are not the Registered Keeper, what is your relationship to the vehicle? - How many current points do you have? - 3 Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - I remember the roadworks, I do not remember a sign stating the speed limit NIP Wizard Responses These were the responses used by the Wizard to arrive at its recommendation: Have you received a NIP? - Yes Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes Did the first NIP arrive within 14 days? - No Was there a valid reason for the NIP's late arrival? - Yes Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes Were you driving? - Yes Which country did the alleged offence take place in? - Wales NIP Wizard Recommendation Based on these responses the Wizard suggested that this course of action should be considered:
Generated by the PePiPoo NIP Wizard v3.3.2: Sun, 01 Aug 2010 17:13:52 +0000 |
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Sun, 1 Aug 2010 - 17:13
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Sun, 1 Aug 2010 - 17:20
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#2
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
Just to clarify...
Can you explain why the NIP was so late? -------------------- |
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Sun, 1 Aug 2010 - 17:51
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#3
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New Member Group: Members Posts: 8 Joined: 1 Aug 2010 Member No.: 39,450 |
I am in the process of moving house. The registered address is still the old house. The mail is redirected and the original NIP did not arrive. Mid Wales Constab contacted West Mercia and they called me by phone (I have a firearms cert) they arranged to come over and meet me and hand delivered the NIP (great service eh!!!). Thats why the date on the NIP is 30/7/10)
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Sun, 1 Aug 2010 - 19:32
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#4
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New Member Group: Members Posts: 8 Joined: 1 Aug 2010 Member No.: 39,450 |
I was thinking of asking for photo/video and calibration evidence. Any thoughts ?
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Sun, 1 Aug 2010 - 20:17
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#5
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Member Group: Members Posts: 6,723 Joined: 3 Apr 2006 From: North Hampshire Member No.: 5,183 |
Since your not entitled to any evidence unless you go to court and plead not guilty, the chances of getting anything at this stage is low. Asking for photographs "to aid with the identification of the driver" does often result in photographs being sent however.
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Sun, 1 Aug 2010 - 22:42
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#6
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Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
It is too late now to check that the temporary limit was properly signed, but you could check with the county council Highways Dept that it was properly authorised by a Traffic Regulation Order. It is not unknown for these to be defective.
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Mon, 2 Aug 2010 - 12:54
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#7
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New Member Group: Members Posts: 3 Joined: 23 Feb 2010 Member No.: 35,842 |
You must be so unlucky! I have just been reading your other thread about writing off your car on the motorway in March. Thought you didn't have a car for months as a result of the insurance company dragging their heels. Or am I mistaken?
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Mon, 2 Aug 2010 - 13:42
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#8
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Member Group: Members Posts: 6,723 Joined: 3 Apr 2006 From: North Hampshire Member No.: 5,183 |
You must be so unlucky! I have just been reading your other thread about writing off your car on the motorway in March. Thought you didn't have a car for months as a result of the insurance company dragging their heels. Or am I mistaken? I think that was a poster called "bobobo", this one has an extra "b" on the end. |
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Mon, 2 Aug 2010 - 13:59
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#9
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Member Group: Life Member Posts: 3,238 Joined: 22 Jul 2008 From: South of the border. Member No.: 21,303 |
There is an viable argument on whether the NIP has been served within the statutory 14 day limit. I understand the OP was moving and that might mean that the NIP was sent to the old address. But it seems it was never received at the old address or any address - or so I deduce from what is described above. So if it was sent but not received that would be questionable service....
This post has been edited by desktop_demon: Mon, 2 Aug 2010 - 14:00 -------------------- When your life finally flashes in front of you - let's hope there's something worth watching.
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Mon, 2 Aug 2010 - 19:16
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#10
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New Member Group: Members Posts: 8 Joined: 1 Aug 2010 Member No.: 39,450 |
No there was no earlier NIP - this was the first.
I am thinking of sending the following email to the CTO address on the NIP. I have received a NIP dated the 30/7/20 for an offence on the 25/4/10 concerning vehicle xxxx. Firstly, do you still want to proceed with this action since the NIP was not served within the statutory 14 day limit? If so, then please supply me with the video/photo evidence to aid in the identification of the driver. This is a general farm vehicle and used by more than one person. Also, to save time and reduce costs, could you also provide a copy of the calibration certificate for the speed monitoring equipment on the day of the offence and a copy of the Traffic Regulation Order authorising the temporary limit plus evidence that it was duly signed. Yours etc..... |
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Mon, 2 Aug 2010 - 20:31
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#11
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Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
Don't ask for anything more than the photos to aid ID. Don't mention the late NIP when you request them.
You're not entitled to any evidence unless you've pleaded not guilty and if the police think you're on a fishing expedition you'll get nothing. |
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Mon, 2 Aug 2010 - 21:02
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#12
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
No there was no earlier NIP - this was the first. I am thinking of sending the following email to the CTO address on the NIP. Firstly, do you still want to proceed with this action since the NIP was not served within the statutory 14 day limit? They will almost cetainly proceed to court should you dispute good service of the NIP, since there is a presumption it was served 2 business days following posting. It is for you to convince the mags it never arrived. FYI, i had my postman as my witness to late delivery, in the middle of a postal strike, and still lost in the mags and crown courts. Won in the High Court though. This is not to disuade you, merely to ensure you are aaware of the realities... -------------------- |
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Mon, 2 Aug 2010 - 21:06
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#13
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Member Group: Life Member Posts: 24,213 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
The mail is redirected and the original NIP did not arrive. Mid Wales Constab contacted West Mercia and they called me by phone (I have a firearms cert) they arranged to come over and meet me and hand delivered the NIP (great service eh!!!). Thats why the date on the NIP is 30/7/10) No there was no earlier NIP - this was the first. ?Que -------------------- Andy
Some people think that I make them feel stupid. To be fair, they deserve most of the credit. |
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Mon, 2 Aug 2010 - 23:48
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#14
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New Member Group: Members Posts: 8 Joined: 1 Aug 2010 Member No.: 39,450 |
Sorry ?
The mail is redirected and the original NIP did not arrive. Mid Wales Constab contacted West Mercia and they called me by phone (I have a firearms cert) they arranged to come over and meet me and hand delivered the NIP (great service eh!!!). Thats why the date on the NIP is 30/7/10) i don't understand No there was no earlier NIP - this was the first. ?Que Sorry |
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Tue, 3 Aug 2010 - 10:16
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#15
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New Member Group: Members Posts: 8 Joined: 1 Aug 2010 Member No.: 39,450 |
Don't ask for anything more than the photos to aid ID. Don't mention the late NIP when you request them. You're not entitled to any evidence unless you've pleaded not guilty and if the police think you're on a fishing expedition you'll get nothing. Surely, the court will have to take that I tried to sort this out at the earliest time in to consideration just as with any case. As I understand it they will have to allow an application for a costs order against the police if it goes to court. If something they do not release causes the case to be found in my favour then I would get full costs awarded. |
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Tue, 3 Aug 2010 - 17:46
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#16
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Surely, the court will have to take that I tried to sort this out at the earliest time in to consideration just as with any case. As I understand it they will have to allow an application for a costs order against the police if it goes to court. If something they do not release causes the case to be found in my favour then I would get full costs awarded. I hate the word "surely", especially when it's used to emphasise an error. You are not entitled to any evidence whatsoever prior to entering a not guilty plea. Whilst the police may provide you with some evidence prior to that point they are under no obligation to do so and their refusal will have no bearing on any costs. Costs in favour of defendants do not come from the police, as the police are not a party to the prosecution (you would be prosecuted by the Crown). Your idea to ask for calibration certificates, traffic orders and evidence of correct signage is half-baked, to say the least - you've been given advice, now heed it. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Tue, 3 Aug 2010 - 19:24
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#17
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Member Group: Members Posts: 1,825 Joined: 16 Nov 2008 Member No.: 24,123 |
It is too late now to check that the temporary limit was properly signed, but you could check with the county council Highways Dept that it was properly authorised by a Traffic Regulation Order. It is not unknown for these to be defective. I would like to obtain the following information under the Freedom Of Information Act. All requests for information contained within this email relate to the section of road within the scope of the proposed Temporary Traffic Regulation Order http://wales.gov.uk/docs/det/legislation/0...broughtonen.pdf namely The A55 Trunk Road (Broughton, Flintshire) (Temporary Traffic Restrictions) Order 2009. With the The Road Traffic (Temporary Restrictions) Procedure Regulations 1992 in mind i would like the following information :- 1. Which chief officer(s) of police were given statutory notice of this order and when and how was this notice given ? 2. Which traffic authorities, if any, were given statutory notice and when and how was this notice given ? 3. Which chief officer(s) of fire authority were given statutory notice of this order and when and how was this notice given ? 4. Which newspapers published the notice of intention to make the order and when did this appear in the paper(s) ? 5. Which newspapers published the notice of making of the order and when did this appear in the paper(s) ? 6. Are there any footways, bridleways, cycle tracks and by ways open to all traffic within the area of the order ? Where are they ? Thank you for your email below which has been passed to me to reply. I will answer your queries in the order you have raised them. 1. The Chief Constable of the North Wales Police was given written notice of the intention to make the Order concerned by post on the 14th August 2010. He was subsequently informed of the making of the Order on the 3rd September 2010. 2. The Welsh Ministers, who made the Order, are the traffic authority for the length of the A55 covered by the Order. Flintshire County Council were also notified by post on the 14th August 2009. 3. The Chief Fire Officer of the North Wales Fire and Rescue Service was given notice of the intention to make the Order by post on the 14th August 2009. 4. The Notice of intention to make the Order was published in the Flintshire Evening Leader on the 20th August 2009. 5. The Notice of the making of the Order was published in the Flintshire Evening Leader on the 3rd September 2009. 6. There is a pedestrian/equestrian bridge over the A55 to the west of Billbury Wood. There are Public Footpaths located three-quarters of a mile to the west of Warren Bank Interchange, half a mile to the east of Warren Bank Interchange and at Green End Farm. If you need information about rights of way at this location Flintshire County Council are responsible for maintaining these and hold the definitive maps highlighting them so they would be better placed to provide any information you require. I hope this information answers your queries. The date in # 1 should be 2009 and was a typo. Some pics and info here. Cheers |
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Wed, 11 Aug 2010 - 12:12
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#18
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New Member Group: Members Posts: 8 Joined: 1 Aug 2010 Member No.: 39,450 |
Surely, the court will have to take that I tried to sort this out at the earliest time in to consideration just as with any case. As I understand it they will have to allow an application for a costs order against the police if it goes to court. If something they do not release causes the case to be found in my favour then I would get full costs awarded. I hate the word "surely", especially when it's used to emphasise an error. You are not entitled to any evidence whatsoever prior to entering a not guilty plea. Whilst the police may provide you with some evidence prior to that point they are under no obligation to do so and their refusal will have no bearing on any costs. Costs in favour of defendants do not come from the police, as the police are not a party to the prosecution (you would be prosecuted by the Crown). Your idea to ask for calibration certificates, traffic orders and evidence of correct signage is half-baked, to say the least - you've been given advice, now heed it. SO, what is the advice? Should I just wait for the summons ? What happens if they can't serve it ? If they do, what should I do ? |
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Wed, 11 Aug 2010 - 12:36
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#19
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Member Group: Members Posts: 56,197 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Follow Henriks advice on the temporary limits legality, otherwise you name the driver and accept the FPN.
Once the driver is named (at your correct address) why would they not be able to serve a summons? Simon -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Fri, 13 Aug 2010 - 14:43
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#20
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New Member Group: Members Posts: 8 Joined: 1 Aug 2010 Member No.: 39,450 |
Follow Henriks advice on the temporary limits legality, otherwise you name the driver and accept the FPN. Once the driver is named (at your correct address) why would they not be able to serve a summons? Simon I was thinking of the summons for no response to the NIP |
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