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NIP Appeal
davejh
post Tue, 13 Feb 2018 - 20:05
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Hi all, first post here and this has probably been covered a million times.

I was caught speeding in my wifes car on 26/01/2018. I saw the camera van parked in a lay by and looked down at my speedo and realised I was doing over the speed limit. I thought I was doing 35mph in a 30mph, the NIP letters states 37mph.

So, as stated this was on Friday 26th January. We received the NIP letter through the post today 13/02/2018. The NIP is dated 12/02/2018. Allowing for 1 day after the speed camera caught me that means they have issued the NIP 16 days after the incident. As far as I am concerned they are time barred now from prosecuting me. The car is registered in my wife's name, at our home address and has been since July 2016 when we moved here. It is taxed and insured all in her name at a home address. It is our private car and not a company car. As far as I am concerned there is no reason that resulted in them having to delay the sending of the NIP so it is my intention to write to them stating they are over the 14 day time limit for issuing the NIP. Does everyone agree?

Lastly as it is the wife's car do I actually still fill in my details to admit it was me driving? I have read conflicting reports and I don't want to do something wrong that gives the police a way in.

Thanks for any advice.
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post Tue, 13 Feb 2018 - 20:05
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nosferatu1001
post Tue, 13 Feb 2018 - 20:16
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The person named must complete it
The driver must be named otherwise the FtF offence is committed

It certainly sounds like it was issued out of time, what’s the docref on your v5c? Double check the address is perfect.
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peterguk
post Tue, 13 Feb 2018 - 20:47
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QUOTE (davejh @ Tue, 13 Feb 2018 - 20:05) *
I have read conflicting reports


The person to whom the S.172 is addressed to must name the driver regardless of whether the NIP might be out of time.


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southpaw82
post Tue, 13 Feb 2018 - 22:02
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Get the V5C out and check the address is correct.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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Jlc
post Tue, 13 Feb 2018 - 22:30
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QUOTE (davejh @ Tue, 13 Feb 2018 - 20:05) *
Lastly as it is the wife's car do I actually still fill in my details to admit it was me driving? I have read conflicting reports and I don't want to do something wrong that gives the police a way in.

Technically your Wife fills in you as the driver and then you will receive your own form to fill in. You must do this as already noted a separate offence could occur which has a 6 points prize, regardless of any 'late' NIP.

Police systems should prevent NIP's being issued 'out of time' so you need to check all the details on the V5 closely. Please confirm the Documentation Ref Date at the bottom of page 2 in DD MM YY format. (After Doc. Ref. No.) There's possibly a reason for the 'late' issue.

This post has been edited by Jlc: Tue, 13 Feb 2018 - 22:32


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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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andy_foster
post Tue, 13 Feb 2018 - 22:32
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Is the NIP addressed to your wife?
Do you (or she) have the V5C (log book)? Unless you (or your wife) physically have the V5C, the consensus will be that you (or your wife) are not the RK. The consensus is rarely wrong on this.
If you have the V5C, is the address correct, and what is the date after the DocRef No. at the bottom of page 2? N.B. We do not need the DocRef. No. itself.

The obligation under s. 172 is personal, but performance need not necessarily be. In other words, if the driver is named, and it is somebody other than the person to whom the notice is addressed, the obligation to name the driver has been complied with, regardless of who actually provided the information. Where this sometimes goes awry is when the driver names themselves in response to somebody else's s. 172 notice and then fails to do so again when they receive their own notice under the misapprehension that their earlier response satisfies the subsequent requirement.


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Andy

If you're going to try to contradict me, please at least try to get your facts straight.
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davejh
post Tue, 13 Feb 2018 - 23:43
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Thanks for the reply all.

I am at work, but after all your help I thought I would call the wife just to get her to look at the log book and check it is all correct. As it turns out she never changed our address on it when we moved house back in June 2016! Not sure how she has missed it to be honest, but is going to change it tomorrow.

So, I am going to guess here now that I just accept the fine and points on this? I was speeding, as I said in my original post, although until I saw the van I didn't think I was. No defence though. The only thing that annoys me about it is I know for a fact that the camera van was in a bus stop, although I will never be able to prove it.

I just hope that they allow me to do a speed awareness course as I don't want the points to be honest.
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Jlc
post Tue, 13 Feb 2018 - 23:47
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Not sure why the bus stop makes any difference...

Your current address has either been supplied by the current residents or via the insurance database. It’s not unusual to see people update their licence but forget the v5... (they are not linked)

The 14 day ‘defence’ doesn’t apply.

A course should be offered.

This post has been edited by Jlc: Tue, 13 Feb 2018 - 23:48


--------------------
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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ford poplar
post Tue, 13 Feb 2018 - 23:57
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a Course MAY be offered,
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Logician
post Tue, 13 Feb 2018 - 23:58
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It is a very popular misapprehension that if the van is parked illegally it provides a defence, but it does not.


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The Rookie
post Wed, 14 Feb 2018 - 06:53
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Even ignoring the fact that while it may be illegal for joe public to park there, there will normally be an exception for vehicles being used for police purposes.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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Council PCN's
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Rookies 1-0 Birmingham

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Logician
post Wed, 14 Feb 2018 - 10:04
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QUOTE (The Rookie @ Wed, 14 Feb 2018 - 06:53) *
Even ignoring the fact that while it may be illegal for joe public to park there, there will normally be an exception for vehicles being used for police purposes.


Unlikely at a bus stop, I would have thought.






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davejh
post Wed, 14 Feb 2018 - 13:39
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Thanks for all your help all.

I did think that they were not allowed to illegally park, but it is no defence I was speeding so just have to take it on the chin and be more vigilant about my speed through the village (it is about a half mile stretch of road sandwiched between about 10 miles of NSL).

Again, thanks for your help.
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Jlc
post Wed, 14 Feb 2018 - 13:53
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Indeed, they are not allowed to park 'illegally' (if they were) but as you note it doesn't change any fact about your 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

Private Parking - remember, they just want your money and will say almost anything to get it.
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