[NIP Wizard] Sussex Police NIP - missing description?, Any way out? Options

[Surbitom]

NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - August 2018
Date of the NIP: - 2 days after the offence
Date you received the NIP: - 3 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A27, Newells Lane overbridge, West Ashling, 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? - 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 - See details in post #3 below this one!

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? - Yes
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? - 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: Thu, 16 Aug 2018 08:56:54 +0000

This post has been edited by Surbitom: Thu, 16 Aug 2018 - 09:25

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[peterguk]

So no mention of the nature of the allegation?

[Surbitom]

First page of NIP: https://i.imgur.com/MbPwbVg.jpg
Second page of NIP: https://i.imgur.com/kGjYSMa.jpg
Information sheet provided with NIP: https://i.imgur.com/uNz3vyA.jpg

Hi all.

Please see the attached images.

The address on the NIP was slightly wrong, but not sufficiently wrong for the NIP not have arrived in the postbox

The only thing I can think of here is that the letter is incomplete. The wording in the explanation is very poorly written, and the sentence ends without being completed (see the red arrow on the first page of the NIP). Does anyone see any way out here? I'm hoping they've messed up with that wording somehow...

Thanks!

First page of NIP:


Second page of NIP:


Information sheet provided with NIP:

[BaggieBoy]

If the address slightly wrong, it probably also is on the V5C. Doesn't help you in the slightest.

We need to know the speed, otherwise the likely outcome is unknown.

[peterguk]

Wording looks fine.

Error in address is same as your previous NIP thread here, http://forums.pepipoo.com/index.php?showtopic=106500&hl= so presumably you have an error on your V5C? You didn't like the wording of that NIP either...

This post has been edited by peterguk: Thu, 16 Aug 2018 - 09:30

[Surbitom]

Thanks for replies.

If the address slightly wrong, it probably also is on the V5C. Doesn't help you in the slightest.

We need to know the speed, otherwise the likely outcome is unknown.

Agreed re the address. Speed was 83mph.

Wording looks fine.

Even though it's not completed? The sentence isn't even finished!

[AntonyMMM]

You need to name the driver - no point risking any more serious offences.

Then - if you feel the NIP is invalid, you can decline any offer of a course or FPN and take the case to court. It could be a very expensive day, but it is your right.

This post has been edited by AntonyMMM: Thu, 16 Aug 2018 - 09:51

[peterguk]

Thanks for replies.

If the address slightly wrong, it probably also is on the V5C. Doesn't help you in the slightest.

We need to know the speed, otherwise the likely outcome is unknown.

Agreed re the address. Speed was 83mph.

Wording looks fine.

Even though it's not completed? The sentence isn't even finished!

The required information is contained within the NIP.

[Jlc]

Even though it's not completed? The sentence isn't even finished!

You could try the 'embarrassment' approach. (That is point it out in the vain hope they cancel it)

Legally, it won't create a defence to the allegation.

This post has been edited by Jlc: Thu, 16 Aug 2018 - 11:26

[cp8759]

Wording looks fine.

Even though it's not completed? The sentence isn't even finished!

Apart from warning you that a prosecution is contemplated (which you can't really argue when it says "notice of intended prosecution at the top), a NIP only needs to specify "the nature of the alleged offence and the time and place where it is alleged to have been committed" (see https://www.legislation.gov.uk/ukpga/1988/53/section/1). So no defence here I'm afraid.

[Surbitom]

So, I ended up responding to the NIP within the 28 days on this one.

A couple of days ago, I received a reminder, which said to ignore the reminder if I'd already responded to the NIP (so I ignored it, because I'd responded).

Luckily I have proof of postage... because I have received another NIP today for the same offence. The date of this new NIP is offence date + 30 days.

I am concerned now that I won't be offered an educational course and I'll just have to swallow the points, because these numpties have lost the original NIP I returned

Any advice?

[peterguk]

Any advice?

Call them?

[Jlc]

They may not be numpties. It's possible they have checked the insurance database and found a different (correct?) address for you and are covering bases.

This may have occurred before processing your response.

Any advice?

Call them?

+1