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[NIP Wizard] Late NIP
pawprint
post Thu, 8 Feb 2018 - 20:41
Post #1


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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - November 2017
Date of the NIP: - 62 days after the offence
Date you received the NIP: - 63 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A635 Doncaster Road near Hillside, Ardsley, Barnsley
Was the NIP addressed to you? - Yes
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? - Usual Driver
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 - Hi, I received the first and only NIP to my knowledge on the 11/1/18, dated 10/1/18 and stating that the offence occurred on the 9/11/17. I replied, quoting the 14 day rule. I received the following response dated 5/2/18 today 8/2/18, stating as follows:
Thank you for your reply to our Notice of Intended Prosecution and your recent correspondence with regard to the above. Your comments are noted.
The law requires that an NIP be served within 14 days on the driver, or if the driver is not known, on the last known registered keeper. In this case the original Notice of Intended Prosecution was served on the registered keeper as held by DVLA records on 09/11/17.
Hoping for some advice on how I should reply to the following?


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? - Unsure
Do you know who was driving? - Unsure who was driving

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: Thu, 08 Feb 2018 20:41:16 +0000
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post Thu, 8 Feb 2018 - 20:41
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pawprint
post Thu, 8 Feb 2018 - 20:41
Post #2


New Member


Group: Members
Posts: 2
Joined: 8 Feb 2018
Member No.: 96,424



NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - November 2017
Date of the NIP: - 62 days after the offence
Date you received the NIP: - 63 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A635 Doncaster Road near Hillside, Ardsley, Barnsley
Was the NIP addressed to you? - Yes
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? - Usual Driver
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 - Hi, I received the first and only NIP to my knowledge on the 11/1/18, dated 10/1/18 and stating that the offence occurred on the 9/11/17. I replied, quoting the 14 day rule. I received the following response dated 5/2/18 today 8/2/18, stating as follows:
Thank you for your reply to our Notice of Intended Prosecution and your recent correspondence with regard to the above. Your comments are noted.
The law requires that an NIP be served within 14 days on the driver, or if the driver is not known, on the last known registered keeper. In this case the original Notice of Intended Prosecution was served on the registered keeper as held by DVLA records on 09/11/17.
Hoping for some advice on how I should reply to the following?


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? - Unsure
Do you know who was driving? - Unsure who was driving

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: Thu, 08 Feb 2018 20:41:17 +0000
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peterguk
post Thu, 8 Feb 2018 - 20:50
Post #3


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Joined: 22 Oct 2007
Member No.: 14,720



Only the first NIP to the RK must be served within 14 days.

If you are not the RK, then you did not receive the first NIP in the chain.

You need to work out who was driving, and name them.

This post has been edited by peterguk: Thu, 8 Feb 2018 - 20:51


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cp8759
post Thu, 8 Feb 2018 - 23:05
Post #4


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Joined: 3 Dec 2010
Member No.: 42,618



The 14 day rule has no impact on your legal obligation to name the driver.

You need to make every diligent effort to identify the driver, think back to the date in question, try and rebuild your movements on the day. Can you remember if you were driving at all? Who else could have been driving the car at the time of the alleged offence? Did you give a lift to anyone on that day? Do you have location tracking enabled on your phone? If yes check it, it might help jog your memory.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Logician
post Fri, 9 Feb 2018 - 00:10
Post #5


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Joined: 28 Mar 2010
Member No.: 36,528



Do not say you are unsure of the driver, decide who the most likely driver is and name them, anything else leads to a world of pain.


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Ocelot
post Sat, 10 Feb 2018 - 13:29
Post #6


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Joined: 19 Jun 2004
Member No.: 1,326



That sounds super quick, if the offence date was 9/11 and the NIP was served on the same date.

Can you remember who was driving?
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Churchmouse
post Sat, 10 Feb 2018 - 20:16
Post #7


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Joined: 30 Jun 2008
From: Landan
Member No.: 20,731



Isn't the first question whether the OP was the keeper of the vehicle at the time in question? That determines the extent of his or her obligations under s.172. The police correspondence suggests that the RK was served on the same date as the offence (probably an error, but possibly not significant), and by implication that person was not the OP (who has advised his her relationship to the vehicle as "usual driver", rather than RK). Whether the OP was the "keeper" is a question of fact that determines whether the driver must be named or if information must be given "which it is in his power to give and may lead to identification of the driver."

--Churchmouse
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