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[NIP Wizard] NIP issued month later.
SpeedyX
post Thu, 30 Jul 2020 - 16:56
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - May 2020
Date of the NIP: - 45 days after the offence
Date you received the NIP: - 47 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Booth Rise, Northampton, 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? -
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 - 14/08/2019 - Request Logbook from DLVA
24/05/2020 - alledged offence
28/05/2020 - Police send out NIP according to DVLA vehicle record
08/07/2020 - Police send out NIP according to insurance record due to no response
10/07/2020 - received NIP
16/07/2020 - sent police a letter asking to withdraw as was sent to an address that had nothing to do with us within 14 days
24/07/2020 - received letter from police saying they issued an NIP (we didn't know about) on 28/05/2020
24/07/2020 - realise we haven't actually received the logbook that was issued from the DVLA on 14/08/2019

Upshot, looks like the DLVA had the incorrect address all along and the police used the incorrect address for the NIP, followed by the correct address by the insurance company. We did not have any knowledge the DVLA had the incorrect address until this point.

Can anything be done or do we just have to bite the bullet at take the fine and points?


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: Thu, 30 Jul 2020 16:56:35 +0000

This post has been edited by SpeedyX: Thu, 30 Jul 2020 - 17:25
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post Thu, 30 Jul 2020 - 16:56
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NewJudge
post Thu, 30 Jul 2020 - 17:25
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The police use the DVLA database. They have an obligation to contact you at your last known address. Have you checked what details the DVLA hold for your vehicle at present? Why did you ask for a log book in 2019?

In any event it seems the DVLA did not hold the correct details for you vehicle. The police contacted you as soon as they could and I don't see much chance of a successful challenge on the basis of the late NIP.
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SpeedyX
post Thu, 30 Jul 2020 - 17:37
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QUOTE (NewJudge @ Thu, 30 Jul 2020 - 18:25) *
The police use the DVLA database. They have an obligation to contact you at your last known address. Have you checked what details the DVLA hold for your vehicle at present? Why did you ask for a log book in 2019?

In any event it seems the DVLA did not hold the correct details for you vehicle. The police contacted you as soon as they could and I don't see much chance of a successful challenge on the basis of the late NIP.


The Vehicle changed ownership to myself in August 2019, so sent off the paperwork to aquire the logbook last year. Trying to contact someone in the DVLA as I'm typing this to confirm.

If the DVLA made a clerical error with the address, I'm guessing there is nothing that can be done?
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Jlc
post Thu, 30 Jul 2020 - 18:24
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What's the offence? (I presume speeding)


--------------------
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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The Rookie
post Thu, 30 Jul 2020 - 18:31
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Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



QUOTE (SpeedyX @ Thu, 30 Jul 2020 - 18:37) *
If the DVLA made a clerical error with the address, I'm guessing there is nothing that can be done?

Well you need to sort it out, but no, the police have to send it to the registered keeper at their last known address and whatever the DVLA hold is that address.
Presumably you know whether you’ve received the V5c or tax reminder (If you paid for 6 months) in that time, if not it’s a dead cert either the keeper was never updated or the address is wrong.


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