[NIP Wizard] NIP - posted over 3 months late |
[NIP Wizard] NIP - posted over 3 months late |
Sat, 12 Jan 2019 - 14:13
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#1
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New Member Group: Members Posts: 4 Joined: 12 Jan 2019 Member No.: 101,858 |
NIP Details and Circumstances
What is the name of the Constabulary? - Date of the offence: - September 2018 Date of the NIP: - 115 days after the offence Date you received the NIP: - 116 days after the offence Location of offence (exact location as it appears on the NIP: important): - NORTH ORBITAL ROAD, DENHAM Was the NIP addressed to you? - No 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? - It is a company car. I am one of the Partners of the company 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 am the owner of a brand new company car (no previous owners so no other registered keepers) and have owned it for over 2 years. * The NIP has been issued in the company name * There are only 2 drivers of the car (myself and my wife), and the alleged offence could have been committed by either of us but as we have received a notification almost 4 months late we cannot be sure which one of us was the driver. * Over 3 months have lapsed between the alleged offence date (18th Sep 2018) and the date on the NIP (11th Jan 2019). * If this is NOT the first letter notification by the Police, why does the letter not state 'REMINDER' or second letter, etc. 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? - No 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: Sat, 12 Jan 2019 14:13:14 +0000 |
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Sat, 12 Jan 2019 - 14:13
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Sat, 12 Jan 2019 - 14:56
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#2
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Member Group: Members Posts: 56,263 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Check the V5c registration document, are all the details correct.
This late a first NIP is unheard of, it’s also late for a reminder (and no many don’t give any indication they are reminder) My money is that either your company isn’t actually the RK or that there is an error in the details. Whether you’re the owner or not is irrelevant, it’s who the registered keeper is, it’s not leased or on finance? Even if it’s is late, either than the effect on memory it’s irrelevant unless the driver can be named. I suggest you start checking records, itemised phone bills and credit/debit card statements can help place on or other you in the right, or totally wrong, place. This post has been edited by The Rookie: Sat, 12 Jan 2019 - 14:58 -------------------- 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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Sat, 12 Jan 2019 - 15:36
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#3
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New Member Group: Members Posts: 4 Joined: 12 Jan 2019 Member No.: 101,858 |
Thanks for your feedback Rookie. Actually, I've just realised that the car is leased! That probably means the first NIP went to the lease company, which explains the delay in me receiving the NIP. Nevertheless, receiving it 3 months later is a bit stretched. What do you suggest I should do now?
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Sat, 12 Jan 2019 - 16:23
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#4
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Member Group: Members Posts: 6,723 Joined: 3 Apr 2006 From: North Hampshire Member No.: 5,183 |
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Sat, 12 Jan 2019 - 16:33
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#5
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New Member Group: Members Posts: 4 Joined: 12 Jan 2019 Member No.: 101,858 |
That's fine, but what about challenging the NIP as I received it over 3 months after the alleged offence?
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Sat, 12 Jan 2019 - 16:44
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#6
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Member Group: Life Member Posts: 24,220 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
That's fine, but what about challenging the NIP as I received it over 3 months after the alleged offence? What about it? A NIP has to be served on the driver or the RK within 14 days. There are no statutory time limits on subsequent NIPs/s. 172 requirements. -------------------- Andy
Some people think that I make them feel stupid. To be fair, they deserve most of the credit. |
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Sat, 12 Jan 2019 - 17:24
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#7
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New Member Group: Members Posts: 4 Joined: 12 Jan 2019 Member No.: 101,858 |
Does anybody think I have a leg to stand on by making any kind of challenge?. If so, what should I write? is there any mileage in stating: -
For this Notice to have been valid, it ought to have been with me within 14 days of the alleged offence [Gidden v Chief Constable of Humberside [2009] EWHC 2924 (Admin)]. |
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Sat, 12 Jan 2019 - 17:47
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#8
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Member Group: Members Posts: 33,634 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Does anybody think I have a leg to stand on by making any kind of challenge?. If so, what should I write? is there any mileage in stating: - For this Notice to have been valid, it ought to have been with me within 14 days of the alleged offence [Gidden v Chief Constable of Humberside [2009] EWHC 2924 (Admin)]. Only the first NIP needs to be served within 14 days. As this is not the first NIP how can you have any argument based on it being beyond 14 days? This post has been edited by southpaw82: Sat, 12 Jan 2019 - 17:48 -------------------- 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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Sat, 12 Jan 2019 - 18:03
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#9
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Member Group: Members Posts: 41,586 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Mr Gidden himself posts on here - he’ll agree with the above...
-------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Sat, 12 Jan 2019 - 19:17
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#10
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Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
Does anybody think I have a leg to stand on by making any kind of challenge?. If so, what should I write? is there any mileage in stating: - For this Notice to have been valid, it ought to have been with me within 14 days of the alleged offence [Gidden v Chief Constable of Humberside [2009] EWHC 2924 (Admin)]. The person who gets the first NIP has 28 days to respond, if what you're suggesting were a valid defence, everybody could get away with speeding by just driving a lease car, as the s172 served on the driver would always be out of time. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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