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[NIP Wizard] NIP Puzzler
Alex3260
post Fri, 12 Oct 2018 - 07:35
Post #1


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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2018
Date of the NIP: - 30 days after the offence
Date you received the NIP: - 31 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A38 Gloucester Rd North (SB), jct Gayner Rd, Filton, S Glos, United Kingdom
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
If your are not the Registered Keeper, what is your relationship to the vehicle? - I bought the car for my son, but am not and never have been the RK
How many current points do you have? - 0
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 - So that well known institution the Bank of Dad buys his son a car. At the garage I request that he be made the RK, and the garage obliges. Happy son gets his car and drives off, possibly too enthusiastically as exactly a month later I get a NIP in the post addressed to me relating to an alleged 41 in a 30. Son has no recollection of the alleged offence.

So why do I get the NIP when I am not the RK or for that matter the driver at the time of the alleged offence? What must have happened as far as I can work out is that the previous owner who part x'd the car at the garage got the first NIP (as the DVLA paperwork was playing catch up) and so they contacted the garage who gave the previous owner my details (wrongly as my son is the RK) which the previous owner then passed on to the Speed Enforcement Unit.

Further to the above events my queries are as follows: (1) do I have no choice but to comply with the accompanying S172 Request for Driver's Details and provide details of my son (in any case the DVLA has now caught up and my son has received a V5C showing him as RK) and if so (2) does my son have any scope to challenge the NIP when it has been reissued to him?


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)? - No
Is the NIP addressed to you personally? - Yes
Although you are not the Registered Keeper, were you the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - No
As you were not responsible for the vehicle, somebody else has named you as the driver. Were you driving? - No
Do you know who was driving? - Yes

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • Complete the Section 172 statement naming the person you believe was driving.
    You aren't incriminating them - they'll receive a NIP to complete themselves in due course.

    (You might also like to let that person know that they can expect to receive one, and give them the link to this Wizard for when it arrives!)

Generated by the PePiPoo NIP Wizard v3.3.2: Fri, 12 Oct 2018 07:35:34 +0000
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post Fri, 12 Oct 2018 - 07:35
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The Rookie
post Fri, 12 Oct 2018 - 07:45
Post #2


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Joined: 9 Sep 2003
From: Warwickshire
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You've almost certainly got the NIP as the first NIP probably found its way via the RK, to the dealership who named you as the purchaser. If they were using Paper to update the RK rather than online it probably wasn't actioned at the time of the alleged offence.

Why isn't relevant anyway, you still have to respond to the S172 request which they can send to anyone they have a reasonable belief would have information.

1. Correct, you have no choice as noted above.
2. No, firstly as you can't challenge a 'notice' as its is just, erm, a notice! Secondly the only NIP relevant in statute is to the person showing as the RK at that time. He may have a defence but as the offence alleged qualifies for a speed awareness course you would have to be very certain of a solid defence before passing up that opportunity.


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Churchmouse
post Fri, 12 Oct 2018 - 12:12
Post #3


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Joined: 30 Jun 2008
From: Landan
Member No.: 20,731



As you were not the person keeping the vehicle, your burden is different than if you had been. You do not necessarily need to name "the driver" at the time of the alleged offence (how would you know?); however, you do need to provide "any information which it is in [your] power to give and may lead to identification of the driver". You would probably end up naming your son, but you would not be naming him as "the driver".

--Churchmouse
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Logician
post Fri, 12 Oct 2018 - 22:38
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Posts: 13,572
Joined: 28 Mar 2010
Member No.: 36,528



1. No
2. Your son has no defence based on the NIP and is frankly unlikely to have another, so best for you and he to return the paperwork quickly because he is just within the scope of a speed awareness course, provided he has not done one for an offence within the previous 3 years.


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