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[NIP Wizard] Will the 14 day rule apply for an offence in a company car
gramck24
post Tue, 28 Aug 2012 - 20:10
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - July 2012
Date of the NIP: - 21 days after the offence
Date you received the NIP: - 25 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A46 Ashchurch Road, Neat St Davids Rd, Tewkesbury
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? - Company Car
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 - From recollection i thought i was driving within the speed limit, 38mph in a 40mph zone. Having checked the area using google street view, there is a brief section where the road drops to 30mph before going back up to 40mph (perhaps 0.5 mile at 30mph).

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? - 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, 28 Aug 2012 20:10:32 +0000
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post Tue, 28 Aug 2012 - 20:10
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rosysparkle
post Tue, 28 Aug 2012 - 20:14
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No, only the first NIP (probably served to the leasing company) has to be within 14 days of the offence.
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Jlc
post Tue, 28 Aug 2012 - 20:24
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Yup, speed limit seems compliant from GSV - right outside the school... That speed should be eligible for a course to avoid the points if you haven't done one in the last 3 years.


--------------------
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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gramck24
post Tue, 28 Aug 2012 - 20:30
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QUOTE (rosysparkle @ Tue, 28 Aug 2012 - 21:14) *
No, only the first NIP (probably served to the leasing company) has to be within 14 days of the offence.


Is there a way for the the police to obtain details of the driver without contacting the lease hire company (say from a previous offense)... given the NIP is addressed direct to me?

Also is there a way to check that the NIP has been sent to the lease hire company? Stupid question i know, but i would imagine calling up the lease hire company and they have nothing recorded to say they received a NIP.


QUOTE (Jlc @ Tue, 28 Aug 2012 - 21:24) *
Yup, speed limit seems compliant from GSV - right outside the school... That speed should be eligible for a course to avoid the points if you haven't done one in the last 3 years.


Thanks for the info.

Only prior points ever on license came approx. 12 months ago for a red light offence.


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mrh3369
post Tue, 28 Aug 2012 - 20:42
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Most lease companies will charge an admin fee for supplying details so you will probably be hit with this charge as well, it's a racing certainty that the first nip went to the lease company if they are the registered keeper on the v5c, the second could have gone to your company and yours could well be the third in the chain.

This post has been edited by mrh3369: Tue, 28 Aug 2012 - 20:46


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Edited as my IPhone thinks it knows best and changes my posts…
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Jlc
post Tue, 28 Aug 2012 - 20:43
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QUOTE (gramck24 @ Tue, 28 Aug 2012 - 21:30) *
QUOTE (rosysparkle @ Tue, 28 Aug 2012 - 21:14) *
No, only the first NIP (probably served to the leasing company) has to be within 14 days of the offence.


Is there a way for the the police to obtain details of the driver without contacting the lease hire company (say from a previous offense)... given the NIP is addressed direct to me?

Also is there a way to check that the NIP has been sent to the lease hire company? Stupid question i know, but i would imagine calling up the lease hire company and they have nothing recorded to say they received a NIP.

Nope, previous offences wouldn't figure.

The lease company will almost certainly be aware - it's a common occurrence. Given your timings it sounds about right for you to be 2nd (or even 3rd as sometimes goes via company too) in the chain. (no reference is given to this though in the letter)


--------------------
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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gramck24
post Tue, 28 Aug 2012 - 20:48
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Thanks all for the replies and info.
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