[NIP Wizard] MrEze Options

[MrEze]

NIP Details and Circumstances
What is the name of the Constabulary Avon and Somerset
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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: Mon, 21 May 2018 17:21:24 +0000

This post has been edited by MrEze: Mon, 21 May 2018 - 17:42

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[MrEze]

NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - April 2018
Date of the NIP: - 39 days after the offence
Date you received the NIP: - 40 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M4
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Not known
If your are not the Registered Keeper, what is your relationship to the vehicle? - Lent/Driving friends home
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 - On 01/04/18 I was snapped on the M4 driving my friends car back from Cardiff doing 93mph (in 70mph zone).

The date of the event was April 1st 2018. The owner received their NIP issued on 03/05/18 so after 14 days of course.

He has returned his copy rightly stating I was driving but also a cover letter contesting the 14 day time frame.

My NIP has subsequently arrived dated 10th May.

Both have been issued out of the 14 day window but looks like 3pts and £100 could be on offer.

To challenge or not to challenge?

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: Mon, 21 May 2018 17:50:02 +0000

[Ocelot]

It's only the first NIP in the chain that has to be within the 14 days. Is your friend the RK, or is it a lease company or broker or company to whom the first one may have gone?

You need to respond to your own NIP within the 28 days, but should be eligible for a COFP (£100 penalty and 3 points).

[Jlc]

That excess just qualifies for a fixed penalty.

Unless you have a lead piping defence of a 'late' NIP then accept it. It will get very expensive at court...

As noted, only the 1st NIP has the 14 day requirement and I would want to see the v5 personally before making any decision. (Particularly if the car was sold/purchased or an address is recently involved)

[MrEze]

It was a company/lease car however he is the principal keeper.

The original NIP was sent to his works address dated 3rd May and arrived 8th May so over 14 days from offence which was 1st April. He submitted details on line saying he wasn’t driving (which he wasn’t - I was) and I got my NIP subsequently on 11th May.

He has challenged it from his side but needless to say he’s heard nothing back from them yet.

I currently don’t have any points, last was way back in 2004 so if it is 3pts and fine, it’s not the end of the world.
Just wondered if how much ammunition I/have to contest as we can prove on both NIP issue dates it was over 14 days from offence.

[The Rookie]

Is the company the registered keeper? (Principle keeper is completely irrelevant) you say leased so the lease company are probably the registered keeper.

The law requires the NIP be sent to the registered keeper (or driver who they don’t know) within 14 days, no-one else.

[Jlc]

Indeed, it's the registered keeper that matters. It's almost certain the 1st NIP was delivered in time - without seeing the v5 I wouldn't be challenging...

[MrEze]

Ah yes, sorry for clarity the car is registered to his company (and he is the nominated driver) he owns the company so doubt it may have gone elsewhere first.

Looking at the responses, looks like the 3pts route is the best option if only the first need to be in 14 days and irrelevant if it was served to him late.

[Ocelot]

I suspect the 1st NIP went to the lease co, the next to the company, the 3rd to your friend, so it is unlikely, but not impossible, that the first NIP was late.

Edit - posted before your last post.

Taking the 3 points is the most painless scenario.

This post has been edited by Ocelot: Mon, 21 May 2018 - 18:33

[MrEze]

Yup, all makes sense when putting it down chronologically. No doubt if there is a business lease company involved at the front end, they may not have adressed it too quickly.

Hence friend got it early May and I got it after.

I have just asked him the question about if it is a lease and if so, i’ll Take the advice and opt for the 3pts and fine.
I just hope presumably if I do, they can’t then up the punishment?

It’s been so long since I’ve had to do this I don’t remember.

Thanks all in advance

[southpaw82]

I just hope presumably if I do, they can’t then up the punishment?

Fixed penalties are just that.

[NewJudge]

He has challenged it from his side but needless to say he’s heard nothing back from them yet.

Just for information he has nothing to challenge. The lateness of the NIP can only be used to defend the speeding matter. Since he was not involved in that offence the lateness of the first NIP (if indeed it was late) is of no interest to him. His obligation to provide the details of the driver is not altered by a late NIP.