[NIP Wizard] starbuck Options

[starbuck]

NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: -
Date of the NIP: -
Date you received the NIP: -
Location of offence (exact location as it appears on the NIP: important): -
Was the NIP addressed to you? -
Was the NIP sent by first class post, second class or recorded delivery? -
If your are not the Registered Keeper, what is your relationship to the vehicle? -
How many current points do you have? -
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 -

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? - No
As you were not responsible for the vehicle, somebody else has named you as the driver. 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: Wed, 17 Nov 2021 12:24:16 +0000

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[The Rookie]

Try again using the additional questions button as well please.

[starbuck]

NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - May 2021
Date of the NIP: - 174 days after the offence
Date you received the NIP: - 175 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M1-4550B J33 - 32 Southbound
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? - Borrowed from girlfriend.
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 - My girlfriend received a NIP dated 13/10/2021 for the offence detailed below. We filled in my details and sent the S172 back on 04/11/2021 (signed for delivery). She received the NIP late due to a change of address.

I have now received a NIP for the offence; I was caught exceeding a variable speed limit (automatic camera) while overtaking lorry in lane 4 (lanes 1 and 2 closed due to roadworks taking place). Variable limit was 40mph and I passed through at 53mph.

I have 28 days to respond. Where do I stand in regards to the NIP expiring due to time elapsing for prosecution (6 months from date of offence)?

Thanks


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? - No
As you were not responsible for the vehicle, somebody else has named you as the driver. 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: Wed, 17 Nov 2021 12:41:36 +0000

This post has been edited by starbuck: Wed, 17 Nov 2021 - 12:44

[The Rookie]

If your reply arrives more than 6 months from the date of the offence then there is nothing the Police can then do.

They will almost certainly send through an offer of a fixed penalty (because nothing prevents them doing so) and you would be free to ignore the offer and never hear anything after that.

[starbuck]

Thank you for the quick response.

Is this scenario 100% certain to play out or could me ignoring the offer result in me hearing back from them again?

[The Rookie]

A conditional offer you are free to ignore, you are not require to contact them at all. They may send an automated reminder letter but that's it.

[starbuck]

Thank you, I will update the thread in future.

[baroudeur]

Has all the information been considered?

Girlfriend received 'NIP' late - 174 days after the event - due to change of address.

OP is the nominated driver and not subject to the six month limit?

[Jlc]

OP is the nominated driver and not subject to the six month limit?

The six months applies to commencing a prosecution, the driver is irrelevant to that timeframe. (Just as long as they have sufficient evidence to confirm the driver)

This post has been edited by Jlc: Thu, 18 Nov 2021 - 17:25

[The Rookie]

Has all the information been considered?

Girlfriend received 'NIP' late - 174 days after the event - due to change of address.

OP is the nominated driver and not subject to the six month limit?

The six months applies to commencing proceedings, so once they know who to commence proceedings against it will be too late to do so. The six months for speeding only ever applies to the driver as no-one else would have committed the offence.

We’ve considered all the information, yes.

[zerocoke26]

Just to confirm you have replied to the S172 that you received confirming you were the driver.

[baroudeur]

Has all the information been considered?

Girlfriend received 'NIP' late - 174 days after the event - due to change of address.

OP is the nominated driver and not subject to the six month limit?

The six months applies to commencing proceedings, so once they know who to commence proceedings against it will be too late to do so. The six months for speeding only ever applies to the driver as no-one else would have committed the offence.

We’ve considered all the information, yes.

Perhaps it should have been has all the information been declared?

Isn't it unusual for such a long period to develop without any (apparent) action being taken and allow delays that incurs the possibility of a six month time out? Why did it take 174 days to catch up with the RK?

[NewJudge]

Why did it take 174 days to catch up with the RK?

It doesn't matter why. Court proceedings cannot be initiated beyond six months.

[IanJohnsonWS14]

Why did it take 174 days to catch up with the RK?

Usual problem - RK moves and doesn't put mail forwarding in place so original notice doesn't reach them.

[cp8759]

Why did it take 174 days to catch up with the RK?

It doesn't matter why. Court proceedings cannot be initiated beyond six months.

If a previous s172 notice was sent and legally served, but was not responded to, they could prosecute a technical s172 offence instead (late replies to s172 notices do not normally result in a prosecution, but that doesn't mean they can't be prosecuted).

[starbuck]

Just to confirm you have replied to the S172 that you received confirming you were the driver.

I have not replied to the S172 I received on 15/11/2021 to confirm I was the driver, yet - they have only received my gfs S172 (dated 13/10/21 - sent back 4/11/21) where she provided my details, as the driver at the time of the offense.

[Jlc]

Just to confirm you have replied to the S172 that you received confirming you were the driver.

I have not replied to the S172 I received on 15/11/2021 to confirm I was the driver, yet - they have only received my gfs S172 (dated 13/10/21 - sent back 4/11/21) where she provided my details, as the driver at the time of the offense.

You need to reply or face a failing to furnish charge.

[andy_foster]

Whilst you have 28 days beginning with the date of service of the notice to provide the information (for it to be delivered to the return address), assuming that your notice was delivered on the day you started this thread, your response would need to be with them and processed in the next 3 days in order for them to prosecute you, so as others seem to be suggesting, it is important that you hurry up, otherwise they won't be able to prosecute you and you will get away with it.

N.B. In all seriousness, it is very important that you provide the required information within the 28 days, but next week would seem to be better than this week.

[notmeatloaf]

Perhaps it should have been has all the information been declared?

Isn't it unusual for such a long period to develop without any (apparent) action being taken and allow delays that incurs the possibility of a six month time out? Why did it take 174 days to catch up with the RK?

It doesn't affect the OP's situation and given the number of bottom feeder camera staff that come on here it seems entirely sensible to include the minimum amount of identifying information.

No point provoking some tubby minimum wage Morse to recheck everything. Remember many police officers see posting on here as de facto evidence of guilt.

The point of asking for advice is to get advice, not to settle the idle curiosities of others.

[baroudeur]

Perhaps it should have been has all the information been declared?

Isn't it unusual for such a long period to develop without any (apparent) action being taken and allow delays that incurs the possibility of a six month time out? Why did it take 174 days to catch up with the RK?

It doesn't affect the OP's situation and given the number of bottom feeder camera staff that come on here it seems entirely sensible to include the minimum amount of identifying information.

No point provoking some tubby minimum wage Morse to recheck everything. Remember many police officers see posting on here as de facto evidence of guilt.

The point of asking for advice is to get advice, not to settle the idle curiosities of others.

Thank you for your disdainful view of others.

cp8759's answer in post 15 sussed my idle curiosity.