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[NIP Wizard] Happy New Year Ticket
Zambo
post Sat, 5 Jan 2019 - 14:45
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Member No.: 73,873



NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - December 2018
Date of the NIP: - 7 days after the offence
Date you received the NIP: - 8 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A347 Boundary Road Bournemouth
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 - assuming mobile camera, not van, possibly on foot bridge over the road. Genuinely unsure if me or spouse was driving. Place both of our names on form?

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? - 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: Sat, 05 Jan 2019 14:45:05 +0000
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post Sat, 5 Jan 2019 - 14:45
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Jlc
post Sat, 5 Jan 2019 - 14:58
Post #2


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Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



QUOTE (Zambo @ Sat, 5 Jan 2019 - 14:45) *
Place both of our names on form?

You obligation as the keeper upon receiving the request is to use reasonable diligence to identify the driver.

If you do not know and cannot identify the driver after using the diligence then you have the option to using the statutory defence. However, the bench will find it hard to believe you could not identify the driver and you'll possibly see 6 points, a MS90 endorsement code, costs possibly over £600 and a surcharge of 10% of the fine (guideline 150% of weekly earnings).

So what have you done so far to identify the driver? Naming both drivers could result in your spouse also receiving a s172 request (with the same potential outcome).

What's the alleged speed and limit?


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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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666
post Sat, 5 Jan 2019 - 15:01
Post #3


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Member No.: 47,602



Placing both names will see you charged with failure to furnish, which means (if found guilty) six points, a heavy fine, and an endorsement which insurers don't like.

As the wizard says, you would have to prove to the court that you had used reasonable diligence. You and your spouse need to put your heads together and try to recreate the events of the day in question, using whatever evidence you have (receipts, mobile phone records, etc.), and be prepared to answer questions about the process. If this were easy, no-one would ever be found guilty of speeding!

What speed and limit aare alleged? It may be more pragmatic to name the most likely driver.
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southpaw82
post Sat, 5 Jan 2019 - 15:50
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Why can’t you remember?


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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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peterguk
post Sat, 5 Jan 2019 - 16:24
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You have the date, time, location and direction. Why can't the two of you work out who was driving?


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The Rookie
post Sun, 6 Jan 2019 - 05:35
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Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



QUOTE (Zambo @ Sat, 5 Jan 2019 - 14:45) *
assuming mobile camera, not van, possibly on foot bridge over the road.

Although I note the ‘assume’ why are you guessing that, a solo operator on a footbridge would be rather unusual.


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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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Zambo
post Sun, 6 Jan 2019 - 14:39
Post #7


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Thank you for all the replies.
NIP for doing 36 in 30.
Neither me or spouse can recall a van. Foot bridge obvious choose due to build up area, seen there previously. 25 meters from 40 zone, irrelevant no doubt yet more frustrating.
Could have been either driver, returning from taking toddlers swimming as a family, several times a week.
We each hold a key-less fob, whoever gets to vehicle first, jumps in and drives.
Requesting photo later would help identify driver, but until then, name one of us, then request photo later on in the process?
TIA
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666
post Sun, 6 Jan 2019 - 14:47
Post #8


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Posts: 3,300
Joined: 17 Jun 2011
Member No.: 47,602



QUOTE (Zambo @ Sun, 6 Jan 2019 - 14:39) *
Thank you for all the replies.
NIP for doing 36 in 30.
Neither me or spouse can recall a van. Foot bridge obvious choose due to build up area, seen there previously. 25 meters from 40 zone, irrelevant no doubt yet more frustrating.
Could have been either driver, returning from taking toddlers swimming as a family, several times a week.
We each hold a key-less fob, whoever gets to vehicle first, jumps in and drives.
Requesting photo later would help identify driver, but until then, name one of us, then request photo later on in the process?
TIA

No. You are not entitled to photos, but is you ask "to help identify the driver" they will usually be supplied. They obviously won't be supplied when you've already named the driver!

Ask now, but be aware it won't stop the clock on the 28-day deasline for your response.


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