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[NIP Wizard] offence 07/07/2018 NIP 02/01/2019? HELP PLEASE, Threads merged
Underwp
post Mon, 7 Jan 2019 - 15:24
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - July 2018
Date of the NIP: - 179 days after the offence
Date you received the NIP: - 181 days after the offence
Location of offence (exact location as it appears on the NIP: important): - m4 , j20-19 Eastbound s glos united kingdom
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? - Partners Company car
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 - THE OFFENCE WAS A WEEKEND AND i WAS USING THE CAR TO VISIT MY PARENTS IN BRISTOL (i LIVE IN Monmouth WALES)

THIS IS MORE ABOUTH THE TIME IT HAS TAKEN TO RECIEVE THE nip



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? - No

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • Do nothing!

    The police are not requesting the information from you, they are requesting it from the person the NIP is addressed to.
    Wait until you receive a NIP addressed to you personally, then come back here.

Generated by the PePiPoo NIP Wizard v3.3.2: Mon, 07 Jan 2019 15:24:08 +0000
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post Mon, 7 Jan 2019 - 15:24
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Underwp
post Sun, 20 Jan 2019 - 17:48
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thank you
Are there any time out template letters I could use?
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The Rookie
post Sun, 20 Jan 2019 - 19:13
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There is no need for one, you just submit the form completed as required.

They may well send an offer of a fixed penalty which you would be free to ignore.

This post has been edited by The Rookie: Sun, 20 Jan 2019 - 19:13


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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 10-0 PPC's
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Slapdash
post Sun, 20 Jan 2019 - 19:33
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QUOTE (The Rookie @ Sun, 20 Jan 2019 - 19:13) *
There is no need for one, you just submit the form completed as required.

They may well send an offer of a fixed penalty which you would be free to ignore.


I think the potential issue with the Avon and Somerset combined nip is that there is one page which allows you to either:-

- nominate another driver
- nominate yourself and reject the fixed penalty or course (it gives a variety of reasons for rejecting the offer of a course)

The other pages allow one to nominate oneself and accept FP or Course.

The rejection of the fp and self nomination would presumably lead to an SJPN

(I dont think that particularly invalidates what you say, however the form - from my memory of the last one I had) does not give an ability to nominate oneself and nothing else.

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The Rookie
post Sun, 20 Jan 2019 - 20:15
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Why would it lead to an SJPN, it’s out of time, even A&S aren’t that disorganised as to know when the game is up.


--------------------
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 10-0 PPC's
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Slapdash
post Sun, 20 Jan 2019 - 22:32
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I was merely pointing out that it may not get adequate oversight. You may well be right and it just be quietly dropped.

Perhaps "presumably" was too strong a choice of word.
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Redivi
post Mon, 21 Jan 2019 - 11:15
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- nominate yourself and reject the fixed penalty or course (it gives a variety of reasons for rejecting the offer of a course)

Doesn't this meet the requirement ?

Staple a covering note that the form has been completed to comply with S172 obligations although no prosecution for the underlying offence is now possible
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Underwp
post Tue, 22 Jan 2019 - 18:23
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Thank you everyone I will reply tonight with the following

ref: - *********************

SEU
PO BOX 213,
Bristol,
BS20 1DR
Dear Sir/Madam
I am writing this cover letter in response to the request for details for notice of intended prosecution ref:- ********************* (Included ) I wish to confirm I was driving the vehicle at time of the alleged offence but noticed the time span between the date of offence is now over 6 months. With advice from ask the police web site I received the following information: - Thank you for your email. Summary offences (those dealt with by Magistrates Court) e.g. speeding, have a statutory time limit of 6 months from the date of the offence, in order to lay (give) the information and commence proceedings. We hope this information is of use. Regards, PNLD(CS)
The form has been completed to comply with S172 obligations although it appears no prosecution for the underlying offence is now possible
Could you please let me know the next stage?


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southpaw82
post Tue, 22 Jan 2019 - 18:35
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Why bother with the form at all? Just provide the required information in your letter.


--------------------
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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cp8759
post Tue, 22 Jan 2019 - 18:37
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Don't mention the Ask the Police website. If you really want to reference something, it's section 127 of the Magistrates’ Courts Act 1980 but to be honest it's unnecessary, the people you are writing to know about the six month rule.

QUOTE (southpaw82 @ Tue, 22 Jan 2019 - 18:35) *
Why bother with the form at all? Just provide the required information in your letter.

But if you do that, make sure to include all the information that is required (including date of birth and driving licence number). One advantage of using the form is that you'll notice if you accidentally leave one of the nomination fields blank.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Underwp
post Tue, 22 Jan 2019 - 18:54
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I've sent the form and wrote on that no boxes are ticked..
Ive also taken out the ask the police bit

thanks again...ill let you know
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cp8759
post Tue, 22 Jan 2019 - 19:04
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QUOTE (Underwp @ Tue, 22 Jan 2019 - 18:54) *
I've sent the form and wrote on that no boxes are ticked..
Ive also taken out the ask the police bit

thanks again...ill let you know

Did you provide your date of birth and licence number?


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Underwp
post Fri, 25 Jan 2019 - 17:48
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Hello
Yes date of birth and licence number provided
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Underwp
post Sat, 26 Jan 2019 - 10:36
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Letter received this morning from Avon and Sumerset Constabulary

Thank you for your recent correspondence

Please be advised that on this occasion your Notice has been cancelled and no further action will be taken against you.

Please note that the offence will remain on record as an offence did occur.


THANK YOU EVERYONE WHO HELPED AND ADVISED !!!


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Jlc
post Sat, 26 Jan 2019 - 10:47
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QUOTE (Underwp @ Sat, 26 Jan 2019 - 10:36) *
Please note that the offence will remain on record as an offence did occur.

Ignominious defeat... laugh.gif


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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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NewJudge
post Sat, 26 Jan 2019 - 12:38
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QUOTE (Underwp @ Sat, 26 Jan 2019 - 10:36) *
Please note that the offence will remain on record as an offence did occur.

I think they mean "Please note that the incident will remain on record as an offence was alleged."

There's now't like a sore loser!! laugh.gif
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andy_foster
post Sat, 26 Jan 2019 - 13:16
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Arrogant lies from a civilian department within "the police"? Shurley shome mishtake?


--------------------
Andy

Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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cp8759
post Sat, 26 Jan 2019 - 16:26
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QUOTE (Underwp @ Sat, 26 Jan 2019 - 10:36) *
Please note that the offence will remain on record as an offence did occur.

You could write back asking them to confirm that only an alleged offence will remain on record, as everyone is presumed innocent until proven guilty in a court of law wink.gif


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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