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NIP Received - Help me!
BigRed123
post Fri, 13 Apr 2018 - 08:34
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Morning all,

I recently got a NIP notice from the police, however it doesnt state what speed i was doing in the offence section all it says is Excess Speed 70MPH.

i believe it was an unmarked police car that clocked me as i remember one being behind me for sometime when i was doing around 76mph.

The date was also wrong on the offence as it stated it happened on a day that does not exist. (wrong number for day)

Can anyone help? its the Excess Speed 70MPH i dont get, why not write the speed down?

Thanks
BigRed
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post Fri, 13 Apr 2018 - 08:34
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BaggieBoy
post Fri, 13 Apr 2018 - 09:00
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QUOTE (BigRed123 @ Fri, 13 Apr 2018 - 09:34) *
Can anyone help? its the Excess Speed 70MPH i dont get, why not write the speed down?

Because they don't have to. They have to state the alleged offence (which they have), the actual speed is only significant when determining the sentence.

However the incorrect date could be a angle you could use. What precisely is the date on the NIP? If it is indeed incorrect, then a bemused call to the force in question may see the notice cancelled.
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BigRed123
post Fri, 13 Apr 2018 - 09:02
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Hi Baggie,

It states the incident occurred on Saturday 8th April... a day which does not exist?

Thanks
Sam
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peterguk
post Fri, 13 Apr 2018 - 09:26
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What date did the offence occur on?


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BigRed123
post Fri, 13 Apr 2018 - 09:34
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Saturday 7th April
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disgrunt
post Fri, 13 Apr 2018 - 09:39
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Or was it Sunday 8th April?

Or perhaps it was on Saturday 8th April 2017.

I would sit on the Nip for a couple of weeks.

This post has been edited by disgrunt: Fri, 13 Apr 2018 - 09:44
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BigRed123
post Fri, 13 Apr 2018 - 09:46
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and then reply saying no one was driving on this date? the notice also has the officers name as reference and his mobile... really odd or normal?
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Redivi
post Fri, 13 Apr 2018 - 09:50
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The NIP has to specify the date that the alleged offence occurred
It's not the OP's responsibility to guess which date was intended and to correct the error

The OP wasn't stopped at the time and the whole point of an unmarked police car is that it isn't obvious
The speed isn't particularly memorable
It can't therefore be argued that the OP knows when the offence occurred and that he hasn't been misled - especially if it's a regular journey

I would wait for about three weeks before replying that the vehicle wasn't at the location on 8th April

It's then too late for the police to send a corrected NIP
Keep the original safe
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BigRed123
post Fri, 13 Apr 2018 - 09:52
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thanks for your reply,

do i not have to respond within 14 days?

Thanks



This post has been edited by BigRed123: Fri, 13 Apr 2018 - 09:53
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peterguk
post Fri, 13 Apr 2018 - 09:58
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QUOTE (BigRed123 @ Fri, 13 Apr 2018 - 10:52) *
thanks for your reply,

do i not have to respond within 14 days?

Thanks


No! Else you give them time to issue a corrected NIP.


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BigRed123
post Fri, 13 Apr 2018 - 10:21
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thanks for your help,

so after the 14 days i need to send a letter back confirming no one was driving on this day? as i have a form to out asking who the driver was.

Ta
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The Rookie
post Fri, 13 Apr 2018 - 10:30
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QUOTE (Redivi @ Fri, 13 Apr 2018 - 10:50) *
I would wait for about three weeks before replying that the vehicle wasn't at the location on 8th April

I'd agree ONLY if it wasn't, if it was also there on the 8th, then I'd query the conflict.

Its only necessary to sit on the NIP for another week, if the reply arrives with them next weekend its already too late for them to get a corrected NIP to you within the 14 days from the date of the alleged offence.


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BigRed123
post Fri, 13 Apr 2018 - 10:44
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the driver wasnt on that road on the 8th.... only the 7th.

where does this put me?
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Redivi
post Fri, 13 Apr 2018 - 11:04
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Write "See attached" on A COPY of the form and staple a brief letter to it

If it was parked :

The vehicle was not at the location on 8th April
At the time of the allegation it was parked at....


If it wasn't parked :

The driver of the vehicle at the time was .......
It was not, however, at the location on this date


Don't mention the 7th

Keep a copy of what you send and ask for a certificate of posting from the Post Office

This post has been edited by Redivi: Fri, 13 Apr 2018 - 11:06
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Jlc
post Fri, 13 Apr 2018 - 12:07
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^ Put day of the week in too (like they have)

QUOTE (BigRed123 @ Fri, 13 Apr 2018 - 09:34) *
i believe it was an unmarked police car that clocked me as i remember one being behind me for sometime when i was doing around 76mph.

It would normally be at least 79mph before they pursue.


--------------------
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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The Rookie
post Fri, 13 Apr 2018 - 12:47
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Which would be at least 81 or 82 on the speedo (upto about 85 depending on accuracy).


--------------------
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 8-0 PPC's
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kommando
post Fri, 13 Apr 2018 - 14:30
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QUOTE
Keep a copy of what you send and ask for a certificate of posting from the Post Office


and use first class post, not second class.
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Kickaha
post Fri, 13 Apr 2018 - 16:22
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QUOTE (kommando @ Fri, 13 Apr 2018 - 14:30) *
QUOTE
Keep a copy of what you send and ask for a certificate of posting from the Post Office


and use first class post, not second class.

Not doubting this advice, but why?
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nosferatu1001
post Fri, 13 Apr 2018 - 17:22
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First class should be delivered within 2 days. 2nd class has no expectation.
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andy_foster
post Fri, 13 Apr 2018 - 19:33
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Off the top of my head, where applicable, second class is deemed served 5 days after posting (or possibly on the following working day if day 5 is not a working day), unless the contrary is proven.


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Andy

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