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NIP served late + other issues, speeding offence, changed address, s172 question
pixels_93
post Mon, 23 Apr 2018 - 06:45
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Hello!

I've received a NIP through the post on the 13th of April, the offence being speeding (79 in a 70) on the 27th of March 2018. The NIP itself is dated 12th of April, which is already 15 days after the offence - thus there is no way it could have reached me on day 14.

The 2 queries I have regarding this are:

1. One of the excuses they might come up with it is the fact that I recently changed addresses. HOWEVER, I had already received my new driving licence on the 23rd of March, the date on it being the 22nd. Is it correct to assume that DVLA wouldn't have issued my new driving licence without having updated the system first, thus meaning that "recently changed address" is not a valid excuse as my new one was already on the system at the time of the offence?

2. After reading through multiple articles and forum posts on the matter, it is still unclear to me whether I need to send back the signed S172 form - as far as I'm aware, these are the existing options: send back S172 without signing it and attach letter (to Fixed Penalty Unit... basically the address they want me to send the S172 to), send a letter stating that I reject the NIP on grounds of etc etc along with a copy of the NIP (to the address that is stated on the envelope rather than Fixed Penalty Unit), or send a letter stating that I was the driver at the time of the offence but I reject the NIP... (to which address???)... The question itself is what to send and where?

Thanks!!

Note: I am the person who was driving the vehicle at the time of the alleged offence, so I will not make a false statement claiming I don't know who was driving (only could have been me).
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post Mon, 23 Apr 2018 - 06:45
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AntonyMMM
post Mon, 23 Apr 2018 - 07:06
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QUOTE (pixels_93 @ Mon, 23 Apr 2018 - 07:45) *
1. One of the excuses they might come up with it is the fact that I recently changed addresses. HOWEVER, I had already received my new driving licence on the 23rd of March, the date on it being the 22nd. Is it correct to assume that DVLA wouldn't have issued my new driving licence without having updated the system first, thus meaning that "recently changed address" is not a valid excuse as my new one was already on the system at the time of the offence?


The address on your licence is irrelevant - are you the registered keeper, and if you are have you updated the address on the V5C ? That is what is used.

This post has been edited by AntonyMMM: Mon, 23 Apr 2018 - 07:09
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pixels_93
post Mon, 23 Apr 2018 - 07:38
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No, I have not changed the V5C address (completely forgot, also assumed it would be enough if I change it on my driving licence)...

The NIP seemed to be the original, so I don't think they have sent it to the old address too?

Should I send back the S172 and accept the fixed penalty?
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Jlc
post Mon, 23 Apr 2018 - 07:42
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QUOTE (pixels_93 @ Mon, 23 Apr 2018 - 07:45) *
1. One of the excuses they might come up with it is the fact that I recently changed addresses. HOWEVER, I had already received my new driving licence on the 23rd of March, the date on it being the 22nd. Is it correct to assume that DVLA wouldn't have issued my new driving licence without having updated the system first, thus meaning that "recently changed address" is not a valid excuse as my new one was already on the system at the time of the offence?

Grab your v5 and check the documentation reference date at the bottom of page 2. This is the date the DVLA actually updated your records. Remember they don't know who was driving so use the registered keeper details and not the licence. They may access insurance details in some circumstances though.

QUOTE (pixels_93 @ Mon, 23 Apr 2018 - 07:45) *
2. After reading through multiple articles and forum posts on the matter, it is still unclear to me whether I need to send back the signed S172 form - as far as I'm aware, these are the existing options: send back S172 without signing it and attach letter (to Fixed Penalty Unit... basically the address they want me to send the S172 to), send a letter stating that I reject the NIP on grounds of etc etc along with a copy of the NIP (to the address that is stated on the envelope rather than Fixed Penalty Unit), or send a letter stating that I was the driver at the time of the offence but I reject the NIP... (to which address???)... The question itself is what to send and where?

Regardless of any 'late' NIP the s172 request remains fully valid and must be responded to. Failing to do so will result in 6 points.

QUOTE (pixels_93 @ Mon, 23 Apr 2018 - 08:38) *
No, I have not changed the V5C address (completely forgot, also assumed it would be enough if I change it on my driving licence)...

They are not linked.

QUOTE (pixels_93 @ Mon, 23 Apr 2018 - 08:38) *
The NIP seemed to be the original, so I don't think they have sent it to the old address too?

They all seem like that. It is almost certain they have sent the 1st one to the registered keeper address within the 14 days.

QUOTE (pixels_93 @ Mon, 23 Apr 2018 - 08:38) *
Should I send back the S172 and accept the fixed penalty?

Given that it appears you've committed a separate offence for not updating your v5 then this would appear to be the pragmatic thing to do.


--------------------
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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666
post Mon, 23 Apr 2018 - 07:45
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QUOTE (pixels_93 @ Mon, 23 Apr 2018 - 08:38) *
Should I send back the S172 and accept the fixed penalty?


Yes. A well as the FP, you may be offered the option of a course, if you meet the criteria.
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pixels_93
post Mon, 23 Apr 2018 - 07:54
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Thanks for the info guys! I will get the 5VC done after work and send it first thing in the morning tomorrow, along with the S172 sad.gif

I just hope I will not get prosecuted for not changing the address sooner - it was an honest mishap, should have known, but moving houses is crazy (as moves are). Fingers crossed ohmy.gif

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Jlc
post Mon, 23 Apr 2018 - 07:56
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It's an offence rarely pursued. Actually, you've been lucky in some ways you weren't prosecuted for not naming the driver when they received no reply... (Many cases on here where it gets complicated in such scenarios)


--------------------
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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Redivi
post Mon, 23 Apr 2018 - 08:03
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QUOTE (pixels_93 @ Mon, 23 Apr 2018 - 08:38) *
No, I have not changed the V5C address (completely forgot, also assumed it would be enough if I change it on my driving licence)...
One of the most common reasons for S172 prosecutions

The NIP seemed to be the original, so I don't think they have sent it to the old address too?
You have been fortunate

Should I send back the S172 and accept the fixed penalty?
This speed normally qualifies for a course unless you're in Scotland

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peterguk
post Mon, 23 Apr 2018 - 08:06
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QUOTE (pixels_93 @ Mon, 23 Apr 2018 - 07:45) *
After reading through multiple articles and forum posts on the matter,

these are the existing options: send back S172 without signing it


Unless the offence was in Scotland, i don't think you'll find this forum has recommended sending back an unsigned S.172 (in the last 15 years or so...).


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pixels_93
post Mon, 23 Apr 2018 - 08:12
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@Jlc, I've received the NIP (at my current address) 16 days after the offence, so technically I'm still within the 28 day limit whichever the case is with the addresses.

@peterguk "After reading through multiple articles and forum posts on the matter" - not just pepipoo, all over the internet smile.gif

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Jlc
post Mon, 23 Apr 2018 - 08:16
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QUOTE (pixels_93 @ Mon, 23 Apr 2018 - 09:12) *
@Jlc, I've received the NIP (at my current address) 16 days after the offence, so technically I'm still within the 28 day limit whichever the case is with the addresses.

The 28 days runs from when you received the request. But no need to delay responding...


--------------------
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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peterguk
post Mon, 23 Apr 2018 - 16:08
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QUOTE (pixels_93 @ Mon, 23 Apr 2018 - 09:12) *
@peterguk "After reading through multiple articles and forum posts on the matter" - not just pepipoo, all over the internet smile.gif


In England and Wales the easiest way ever to collect 6 points and hefty fine.


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