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[NIP Wizard] Wrong Address on Fixed Penalty Fine
CPF33
post Sat, 10 Feb 2018 - 11:59
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - January 2018
Date of the NIP: - 0 days after the offence
Date you received the NIP: - 0 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A1081, St Albans
Was the NIP addressed to you? - No
Was the NIP sent by first class post, second class or recorded delivery? - Not known
If your are not the Registered Keeper, what is your relationship to the vehicle? -
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 - I was stopped doing 43 in a 30 road by a hidden radar gun speed trap. Half the road is 30 limit, other half is 40. I thought the whole road was 40mph limit, my mistake, fair enough.

Was stopped by police and given verbal NIP. Gave details at the scene, policeman copied address directly from my licence. Notice of fixed penalty/optional court hearing was sent out to wrong address, despite correct details being given at the time.

Licence and reg doc etc are all 100% correctly addressed and were handed to police at time of being stopped, but the police's address system appears to have glitched and sent my notice of fine/court hearing to wrong address.

How do I stand with this legally?

Thank you for your time.


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? - 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? - England

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • The law requires you to provide the information requested in the Section 172 notice within the 28 day period, naming yourself as the driver. If you are considering obtaining formal legal advice, do so before returning the notice.

    You should note that there is nothing to be gained by responding any earlier than you have to at any stage of the process. You are likely to receive a Conditional Offer of a Fixed Penalty (COFP) and further reminder(s). If you want to continue the fight, you should ignore all correspondence from the police until you receive a summons. You need to understand from the outset that while you will receive much help and support from members on the forums, you will need to put time and effort into fighting your case and ultimately be prepared to stand up in court to defend yourself.

Generated by the PePiPoo NIP Wizard v3.3.2: Sat, 10 Feb 2018 11:59:53 +0000
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post Sat, 10 Feb 2018 - 11:59
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AntonyMMM
post Sat, 10 Feb 2018 - 12:11
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It has no effect at all on the speeding offence, or that you were stopped at the time.

How do you know they have gone to the wrong address ?

If you don't respond to the FPN offer it will default to a court/SJNP procedure and f you still don't respond you will get points and be fined (income related + costs & charges) in your absence.

This post has been edited by AntonyMMM: Sat, 10 Feb 2018 - 12:15
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CPF33
post Sat, 10 Feb 2018 - 12:17
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QUOTE (AntonyMMM @ Sat, 10 Feb 2018 - 12:11) *
How do you know they have gone to the wrong address ?


The person at the address has given me it. It was addressed to the completely wrong block due to no fault of mine. Everything on my docs is 100% correct and always has been. The address system must've glitched.
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AntonyMMM
post Sat, 10 Feb 2018 - 12:23
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Take the FPN - it gives you no defence to the charge.
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CPF33
post Sat, 10 Feb 2018 - 12:25
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QUOTE (AntonyMMM @ Sat, 10 Feb 2018 - 12:23) *
Take the FPN - it gives you no defence to the charge.


Fair enough, just thought I'd ask in case it was unlawful in any way.

Thanks for your time! Much appreciated.
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Jlc
post Sat, 10 Feb 2018 - 12:27
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If you have fixed penalty now and it's still in time then there's nothing stopping you complying with the conditions.

If you don't then the matter will revert to court and you do not have a defence on the basis the address is wrong.

This post has been edited by Jlc: Sat, 10 Feb 2018 - 12:51


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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CPF33
post Sat, 10 Feb 2018 - 12:31
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QUOTE (Jlc @ Sat, 10 Feb 2018 - 12:27) *
If you have CoFP now and it's still in time then there's nothing stopping you complying with the conditions.

If you don't then the matter will revert to court and you do not have a defence on the basis the address is wrong.


Actually you reminded me of a point I was hoping to clarify - does the 14 day rule only apply for the postal NIP? I was given a verbal NIP at the roadside, but the fine came later than 2 weeks after the offence.

I'm guessing the 14 day rule only applies for the first postal NIP and not the notice of fine?
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AntonyMMM
post Sat, 10 Feb 2018 - 12:44
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QUOTE (CPF33 @ Sat, 10 Feb 2018 - 12:31) *
I'm guessing the 14 day rule only applies for the first postal NIP and not the notice of fine?


Correct - and as you were given a verbal NIP when you were stopped the 14 days is irrelevant.
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CPF33
post Sat, 10 Feb 2018 - 12:47
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QUOTE (AntonyMMM @ Sat, 10 Feb 2018 - 12:44) *
QUOTE (CPF33 @ Sat, 10 Feb 2018 - 12:31) *
I'm guessing the 14 day rule only applies for the first postal NIP and not the notice of fine?


Correct - and as you were given a verbal NIP when you were stopped the 14 days is irrelevant.


Thought so, thanks anyway!

*logs on to pay fine*
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iwt
post Sat, 10 Feb 2018 - 15:12
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Remember to send off your licence if instructed on the paperwork. Get free proof of posting.
May also be worth calling them and explaining that the address was wrong, but you want to make sure they send your licence back to the correct address.
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The Rookie
post Sat, 10 Feb 2018 - 17:58
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Just for clarity, even if the fixed penalty offer was in some way invalid it would have no effect on the validity of the original accusation should it have gone to court.


--------------------
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
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Rookies 1-0 Birmingham

PPC PCN's
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CPF33
post Sun, 11 Feb 2018 - 12:59
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OK thanks a lot guys. There is a bit on the form for wrong address so will alert them to it on there. icon_thumleft.gif
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StuartBu
post Sun, 11 Feb 2018 - 15:41
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QUOTE (CPF33 @ Sat, 10 Feb 2018 - 12:17) *
QUOTE (AntonyMMM @ Sat, 10 Feb 2018 - 12:11) *
How do you know they have gone to the wrong address ?


The person at the address has given me it. It was addressed to the completely wrong block due to no fault of mine. Everything on my docs is 100% correct and always has been. The address system must've glitched.

You mean the Cops eyes weren’t working properly when he wrote down your address? πŸ˜€πŸ˜€πŸ˜€
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CPF33
post Mon, 12 Feb 2018 - 13:38
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QUOTE (StuartBu @ Sun, 11 Feb 2018 - 15:41) *
QUOTE (CPF33 @ Sat, 10 Feb 2018 - 12:17) *
QUOTE (AntonyMMM @ Sat, 10 Feb 2018 - 12:11) *
How do you know they have gone to the wrong address ?


The person at the address has given me it. It was addressed to the completely wrong block due to no fault of mine. Everything on my docs is 100% correct and always has been. The address system must've glitched.

You mean the Cops eyes weren’t working properly when he wrote down your address? πŸ˜€πŸ˜€πŸ˜€


God knows, he took the address straight from my licence. I live in flats and another block also comes under my postcode so they must have entered the postcode and door number but forgot to check the block of flats in the drop-down box on the address system.
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