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[NIP Wizard] NIP not received in 28 days, sent reminder
Beretta686
post Sun, 8 Oct 2017 - 10:49
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - 1st September 2017
Date of the NIP: - 31 days after the offence
Date you received the NIP: - 33 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A5025 Pentraeth, Anglesey
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? - 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 - Traveling on A5025, began to descend down a hill and because of this, I picked up speed, as I went around the corner on this hill, a mobile traffic van was waiting to catch people

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? - No

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • The first NIP to the Registered Keeper must arrive within 14 days unless there is a valid reason why that was not possible, for example a recent change of details.

    This link will take you to the advice provided by the RAC's legal team.

Generated by the PePiPoo NIP Wizard v3.3.2: Sun, 08 Oct 2017 10:42:58 +0000

I have been in away in anglesey for a week and come home to this reminder letter. I did not receive the first NIP as they say, that is lies, however im now over the 28 days I have to name the driver, what do i do?? Btw I was caught doing 36mph in a 30mph zone

This post has been edited by Beretta686: Sun, 8 Oct 2017 - 11:36
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post Sun, 8 Oct 2017 - 10:49
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Jlc
post Sun, 8 Oct 2017 - 12:08
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Name the driver as soon as reasonably practicable. That should avoid the s172 issue.

Whether you want to challenge whether the 'late' NIP gives rise to a defence is not prejudiced. But the burden is on you to show it was not delivered if the prosecution can evidence it entering the postal system (almost certain they can).

For that excess it will be a course or fixed penalty at worst. It may be pragmatic to consider that as a resolution.

This post has been edited by Jlc: Sun, 8 Oct 2017 - 12:08


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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

Private Parking - remember, they just want your money and will say almost anything to get it.
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peterguk
post Sun, 8 Oct 2017 - 12:14
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QUOTE (Beretta686 @ Sun, 8 Oct 2017 - 11:49) *
I did not receive the first NIP as they say, that is lies


I doubt anyone has said you received the first NIP. It is more likely they said they sent you the first NIP, which in law, is presumed delivered two business days following posting. As already mentioned above, it would be for you to convince the court the first NIP was not delivered.


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Beretta686
post Sun, 8 Oct 2017 - 12:37
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How do I prove it wasn’t received? Surely that would be a mission in itself. Am I best just filling in the form and sending it back. As I’m over the 28 days, do I not put a letter in with it explaining why it’s late?
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AntonyMMM
post Sun, 8 Oct 2017 - 12:46
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You can't prove it wasn't delivered, but you can cast enough doubt to rebut the presumption that it was. This would be easier if you can show that you have previous problems with your post etc. If you want to go down that road you will have to defend your case in court.

You still have to return the form naming the driver though, if not you commit a much more serious offence.

This post has been edited by AntonyMMM: Sun, 8 Oct 2017 - 12:47
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Beretta686
post Sun, 8 Oct 2017 - 12:51
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Well I’ve not had any problems with the post in the past, that’s why I seriously doubt they ever sent he first letter but proving it is almost impossible. My word against there’s. I’ll send this S172 off today and see what happens. Hopefully I’ll just get an awareness course as it looks like no getting out of this one 😭😭
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peterguk
post Sun, 8 Oct 2017 - 12:52
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QUOTE (Beretta686 @ Sun, 8 Oct 2017 - 13:37) *
How do I prove it wasn’t received? Surely that would be a mission in itself. Am I best just filling in the form and sending it back. As I’m over the 28 days, do I not put a letter in with it explaining why it’s late?


Although not impossible, convinicing a court will be mighty difficult, else evereyone would be queued up outside court ready to say "Not Guilty guv, i never received the first NIP". Since a court can't award a SAC, losing will cost you at least £700+ and 3 points.


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Jlc
post Sun, 8 Oct 2017 - 20:25
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QUOTE (Beretta686 @ Sun, 8 Oct 2017 - 13:51) *
Well I’ve not had any problems with the post in the past, that’s why I seriously doubt they ever sent he first letter but proving it is almost impossible.

It's more likely they did send it and it was lost.

Is your v5 spot on?


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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