[NIP Wizard] Outside of time limit? |
[NIP Wizard] Outside of time limit? |
Thu, 21 Jan 2021 - 16:27
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#1
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New Member Group: Members Posts: 3 Joined: 21 Jan 2021 Member No.: 111,320 |
NIP Details and Circumstances
What is the name of the Constabulary? - Date of the offence: - November 2020 Date of the NIP: - 75 days after the offence Date you received the NIP: - 76 days after the offence Location of offence (exact location as it appears on the NIP: important): - A19 killingworth/seghill (sect between a1056 killingworth way junc and a190 annitsford road underpass 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? - How many current points do you have? - 9 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 - Recieved NIP today unsure who was driving at time of offence but i was registered keeper after buying car on 10/10/20. Previous owner has not recieved any letter about it. Its more than 2 months after date of offence. 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)? - Yes Did the first NIP arrive within 14 days? - No Was there a valid reason for the NIP's late arrival? - Unsure Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes Were you driving? - Unsure Do you know who was driving? - Unsure who was driving 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, 21 Jan 2021 16:24:04 +0000 Can anyone advise whether its worth trying to contest this based on it being outside of time frame. Thanks |
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Thu, 21 Jan 2021 - 16:27
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Thu, 21 Jan 2021 - 16:40
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#2
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Member Group: Members Posts: 56,200 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
You need to find out who the previous registered keeper was, were there details still correct when they sold the car on, did you buy it directly or via a trader when the car may have been marked as ‘in trade’.
The driver may have a defence based on the NIP being late (you still have to identify the driver and if you can’t then you’ll have to defend that allegation and the late NIP would not be a defence) although to be honest it’s very unlikely it was late and more likely there was some documentation issue such that it went to a person/address you are unaware of. This post has been edited by The Rookie: Thu, 21 Jan 2021 - 19:23 -------------------- 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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Thu, 21 Jan 2021 - 16:42
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#3
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Member Group: Members Posts: 4,747 Joined: 29 Oct 2008 Member No.: 23,623 |
The problem with the late NIP has almost certainly been caused by the change of ownership and offence dates being fairly close together. You could try asking the police where the first NIP was sent to and when. Do you now have a V5C with your name and address correctly shown? If so, what is the "docref" date at the foot of page 2?
If the only details available to the police were those of the old keeper at the time they made the enquiry and they can prove it was sent to him in time to be served within 14 days the onus will fall to you to prove that it wasn't served in time. In any event, regardless of any issues you may have with the late NIP, you must respond to the request for driver's details within the time allowed or you commit a separate offence which carries six points. If you cannot establish who was driving you will have to convince a court that you did not know and could not find out using "reasonable diligence." |
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Thu, 21 Jan 2021 - 16:59
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#4
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New Member Group: Members Posts: 3 Joined: 21 Jan 2021 Member No.: 111,320 |
Bought directly from previous owner and reg document sent off straight away. He hasn't had any letters at all. Will find v5 and check the doc ref. Do you think its worth sending a letter and saying its outside of timescale and trying to find out if this is the first NIP sent out? Im sure I was registered keeper at the date of offence because I had a chew on with tax and it wouldnt recognise the green slip number and had to do it over phone with dvla.
I will be able to find out who was driving so wasnt going to try and use that as an excuse as there are only a handful of us use the car. Although the fact it was more than 2 months ago and its a road we all use often makes it a bit harder. |
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Thu, 21 Jan 2021 - 19:02
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#5
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Do you think its worth sending a letter and saying its outside of timescale and trying to find out if this is the first NIP sent out? Well you must name the driver regardless, the requirement to name the driver is not affected by the 14 day limit. However if you can confirm that you were the RK and there's no obvious reason for the delay, you could then refuse any out of court disposal when the police write back, opt to go to court and plead not guilty based on the NIP being late. If you look up the vehicle on https://vehicleenquiry.service.gov.uk/ they've added a new box that says "Date of last V5C (logbook) issued". -------------------- 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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Fri, 22 Jan 2021 - 08:35
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#6
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New Member Group: Members Posts: 3 Joined: 21 Jan 2021 Member No.: 111,320 |
Thank you for your help
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