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[NIP Wizard] Speeding notice received 4 months late without explanation?
lakefrontranting
post Sat, 11 May 2019 - 09:33
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - December 2018
Date of the NIP: - 121 days after the offence
Date you received the NIP: - 123 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A465 Belmont Road Hereford towards Abergavenny (DG), UNITED KINGDOM
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? -
How many current points do you have? - 0
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 - "Speeding - exceed 30 miles per hour on restricted road - automatic camera device
The speed limit for the vehicle was 30 mph. The recorded speed was 38 mph"

Notice issue date was four months (exactly) after date of offence, there is no explanation on letter of why it took this long to contact me, everything reads as if this is the initial contact. I have not received any previous notice at this address (although if one went to wrong address previously then I would have no way to know about it anyway?)


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? - 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: Sat, 11 May 2019 09:33:51 +0000
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post Sat, 11 May 2019 - 09:33
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The Slithy Tove
post Sat, 11 May 2019 - 09:43
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Have you moved house recently? Did you update the V5C with your current address?
Were you at the location on the date on the NIP?
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The Rookie
post Sat, 11 May 2019 - 09:51
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Dig out your V5C (registration document) and confirm the details are 100% correct, then on the bottom of page 2 is a DocRef number with a date, that date is when it was last updated by DVLA.

The timing suggests either you've been named by someone else or they have had to go to find you. they use the same form for later NIP's so it won't indicate anything along the lines you suggest.


--------------------
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
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Rookies 1-0 Birmingham

PPC PCN's
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lakefrontranting
post Sat, 11 May 2019 - 09:56
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QUOTE (The Slithy Tove @ Sat, 11 May 2019 - 10:43) *
Have you moved house recently? Did you update the V5C with your current address?
Were you at the location on the date on the NIP?

Last moved house Oct 2017; can't say for certain I updated the V5C at the time, although the tax has been renewed since (May 2018) and a direct debit set up at the same time so I assume they would've asked for my current address as part of that? Will call the DVLA anyway and see what information they hold.

Assume I was at the location as it's a road I use regularly although four months on it's hard to say with certainty if I was there on a specific date.
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The Rookie
post Sat, 11 May 2019 - 10:00
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From: Warwickshire
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Go look at your V5C......

If you didn't update the V5C (a separate criminal offence as it happens) it's the obvious explanation. They don't ask for your address when renewing tax, no.


--------------------
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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lakefrontranting
post Sat, 11 May 2019 - 10:18
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QUOTE (The Rookie @ Sat, 11 May 2019 - 11:00) *
Go look at your V5C......

If you didn't update the V5C (a separate criminal offence as it happens) it's the obvious explanation. They don't ask for your address when renewing tax, no.


Yeah, that seems to be it, dug it out and have a V5C with the old address and the date by doc ref is 16/5/17, so in the absence of a newer one I must not have updated it since. Will get it done straight away. Looks like I'll have to pay the penalty but thanks all as at least I understand now why it was late. (Don't see why the police can't put in the letter that they're contacting you late because your V5C is out-of-date, it would cause less confusion and help ensure people update something they've forgotten to. But I suppose helpfulness isn't a high priority with these things.)
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Jlc
post Sat, 11 May 2019 - 11:01
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From: Planet Earth
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You’re lucky as you may have been dealing with a conviction in your absence for a more serious offence. Remember to name the driver ASAP...


--------------------
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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The Slithy Tove
post Sat, 11 May 2019 - 11:28
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QUOTE (lakefrontranting @ Sat, 11 May 2019 - 11:18) *
Yeah, that seems to be it, dug it out and have a V5C with the old address and the date by doc ref is 16/5/17, so in the absence of a newer one I must not have updated it since. Will get it done straight away.
We see it quite often that people update the address on their driving licence, but forget to do the same for the car. Two separate items, both need doing, as there is no link between the two. They probably got your current address from the insurance database. I assume you did update the address on your driving licence?
Regrettably, with the delay, you are probably too late to get a course, which you're within the limit for speed-wise.

This post has been edited by The Slithy Tove: Sat, 11 May 2019 - 11:29
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