[NIP Wizard] NIP - Notice Issue Date |
[NIP Wizard] NIP - Notice Issue Date |
Thu, 25 Jan 2018 - 11:03
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#1
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New Member Group: Members Posts: 1 Joined: 25 Jan 2018 Member No.: 96,143 |
NIP Details and Circumstances
What is the name of the Constabulary? - Date of the offence: - December 2017 Date of the NIP: - 17 days after the offence Date you received the NIP: - 19 days after the offence Location of offence (exact location as it appears on the NIP: important): - M32 Southbound, Bristol 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? - Contract Hire How many current points do you have? - 3 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 - Notice Issue Date is 9th January 2018. Offence Date 23rd December 2017. The police probably wrote to the registered keeper first (the car is contract hire - so this would be the contract hire company). We wrote back saying that the number of days between the offence and notice issue date exceeded 14 days. However, they wrote to us saying the offence IS enforcible as they sent the original NIP to the registered keeper two days after the offence. Which is correct? Is this enforcible because they contacted the registered keeper just after the offence? Or not enforcible because the issue date when they wrote to us exceeds 14 days from the offence? Thanks - Rob 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? - Yes 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:
Generated by the PePiPoo NIP Wizard v3.3.2: Thu, 25 Jan 2018 11:03:10 +0000 |
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Thu, 25 Jan 2018 - 11:03
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Thu, 25 Jan 2018 - 11:16
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#2
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
They are correct - only the 1st NIP has to meet the 14 days. If you think about they are given 28 days to provide the information - there's no guarantee your notice could be within the 14 days...
Has the driver been named? (Actually this is A&S - I believe they issue a combined s172/CoFP) This post has been edited by Jlc: Thu, 25 Jan 2018 - 11:19 -------------------- 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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Thu, 25 Jan 2018 - 11:26
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#3
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
If you think about it any law that said they must notify the driver (and only the driver) within 14 days of the offence would be absurd and unworkable.
-------------------- Moderator
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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Sat, 27 Jan 2018 - 10:28
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#4
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Member Group: Members Posts: 10,460 Joined: 8 Sep 2008 Member No.: 22,424 |
If they wrote to the leasing company 2 days after the offence, which you've listed as 23.12, wouldn't that mean the CTO staff were working on Christmas day? Seems unlikely!
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Lo-Fi Version | Time is now: Friday, 29th March 2024 - 08:25 |