[NIP Wizard] Speeding NIP - Issued way outside the 14 days Options

[alcaponey1982]

NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - October 2018
Date of the NIP: - 52 days after the offence
Date you received the NIP: - 56 days after the offence
Location of offence (exact location as it appears on the NIP: important): - B2150 HULBERT ROAD, WATERLOOVILLE, UK
Was the NIP addressed to you? - Yes
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? - I am 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 - 40mph speed limit and I was caught at 52mph

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? - Unsure
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: Tue, 25 Dec 2018 08:04:12 +0000

I did move house on 25th Sept and updated my address within 4 weeks of moving and had the new log book back with me well within 7 days as I remember thinking how quick they were! So the log book was returned to me with the correct address by the 1st week of November

This post has been edited by alcaponey1982: Tue, 25 Dec 2018 - 08:07

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[666]

It appears your details weren’t changed until lafter the offence, so the first NIP (the only one subject to a time limit) would have gone to the old address.

To check, you will find a DOCREF at the foot of page 2 of your V5C. That shows the date the change was made by the DVLA.

[The Slithy Tove]

As mentioned, the first NIP probably was issued on time, but didn't reach you because of timings of moving/updating the V5C.

You are within the parameters of being offered a course instead of points (just) assuming you haven't attended one in the last 3 years. But the window of opportunity I fairy short for these things, and you're already nearly 2 months from the offence. So if you are OK to admit to being the driver and to accept the speed alleged, then get the completed form back pronto.

[alcaponey1982]

As mentioned, the first NIP probably was issued on time, but didn't reach you because of timings of moving/updating the V5C.

You are within the parameters of being offered a course instead of points (just) assuming you haven't attended one in the last 3 years. But the window of opportunity I fairy short for these things, and you're already nearly 2 months from the offence. So if you are OK to admit to being the driver and to accept the speed alleged, then get the completed form back pronto.

Ahhh ok, so the date on the V5 after the 11 digits is 02/11/18 and the date of the offence is 29/10/18 so looks like they would have issued the NIP to my old address possibly within 14 days? I have been informed this date after the 11 digits is the date DVLA changed my V5 address.

I guess there is no way of me checking?

As mentioned, the first NIP probably was issued on time, but didn't reach you because of timings of moving/updating the V5C.

You are within the parameters of being offered a course instead of points (just) assuming you haven't attended one in the last 3 years. But the window of opportunity I fairy short for these things, and you're already nearly 2 months from the offence. So if you are OK to admit to being the driver and to accept the speed alleged, then get the completed form back pronto.

Quick question, Like you mention, I am just inside the parameters of having a course, how much are the courses, is it the same as a fine cost? I did attend one about 3 years ago, but does that 3 years reset from the day you attended the course? Or the date of your last offence? Reason I ask is that I attended the course about 4 months after the offence?

Also, just out of curiosity, how do the the other options work - Conditional offer & prosecution

It appears your details weren’t changed until lafter the offence, so the first NIP (the only one subject to a time limit) would have gone to the old address.

To check, you will find a DOCREF at the foot of page 2 of your V5C. That shows the date the change was made by the DVLA.

Ahhh ok, so the date on the V5 after the 11 digits is 02/11/18 and the date of the offence is 29/10/18 so looks like they would have issued the NIP to my old address possibly within 14 days? I have been informed this date after the 11 digits is the date DVLA changed my V5 address.

I guess there is no way of me checking?

[Jlc]

It seems almost certain they used your previous address if they looked up your address promptly. Only the 14 days applies to the first NIP to the 'last known address'. (Basically the details returned from the DVLA/PNC)

Unless you have access to the old address (mail forwarding not used?) then you can only but ask them...

This post has been edited by Jlc: Thu, 27 Dec 2018 - 10:45

[alcaponey1982]

It seems almost certain they used your previous address if they looked up your address promptly. Only the 14 days applies to the first NIP to the 'last known address'. (Basically the details returned from the DVLA/PNC)

Unless you have access to the old address (mail forwarding not used?) then you can only but ask them...

Thanks for the prompt response. When you say ask them, do you mean the people living at the old address, or Hampshire constabulary?

[Jlc]

Both if you like

[666]

As mentioned, the first NIP probably was issued on time, but didn't reach you because of timings of moving/updating the V5C.

You are within the parameters of being offered a course instead of points (just) assuming you haven't attended one in the last 3 years. But the window of opportunity I fairy short for these things, and you're already nearly 2 months from the offence. So if you are OK to admit to being the driver and to accept the speed alleged, then get the completed form back pronto.

Ahhh ok, so the date on the V5 after the 11 digits is 02/11/18 and the date of the offence is 29/10/18 so looks like they would have issued the NIP to my old address possibly within 14 days? I have been informed this date after the 11 digits is the date DVLA changed my V5 address.

I guess there is no way of me checking?

The process is automated, and late NIPs are almost unheard of nowadays. Checking would almost certainly be a wild goose chase.

As mentioned, the first NIP probably was issued on time, but didn't reach you because of timings of moving/updating the V5C.

You are within the parameters of being offered a course instead of points (just) assuming you haven't attended one in the last 3 years. But the window of opportunity I fairy short for these things, and you're already nearly 2 months from the offence. So if you are OK to admit to being the driver and to accept the speed alleged, then get the completed form back pronto.

Quick question, Like you mention, I am just inside the parameters of having a course, how much are the courses, is it the same as a fine cost? I did attend one about 3 years ago, but does that 3 years reset from the day you attended the course? Or the date of your last offence? Reason I ask is that I attended the course about 4 months after the offence?

Courses are usually just a bit less than the £100 fixed penalty. Date of offence is what counts.

Also, just out of curiosity, how do the the other options work - Conditional offer & prosecution

Conditional offer is a fixed penalty 0f £100 and thre points. Conditions are that you accept, pay and surrender your licence within x days. Prosecution means court: if guilty, higher (income-related) fine, victime surcharge and costs.

It appears your details weren’t changed until lafter the offence, so the first NIP (the only one subject to a time limit) would have gone to the old address.

To check, you will find a DOCREF at the foot of page 2 of your V5C. That shows the date the change was made by the DVLA.

Ahhh ok, so the date on the V5 after the 11 digits is 02/11/18 and the date of the offence is 29/10/18 so looks like they would have issued the NIP to my old address possibly within 14 days? I have been informed this date after the 11 digits is the date DVLA changed my V5 address.

I guess there is no way of me checking?