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Late NIP received (2 Months), Receipt of late NIP, but error on my reg doc given as reason
PGQ
post Tue, 10 Aug 2010 - 14:43
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I have received a NIP 2 months after the alleged offence (38 in a 30 on a rear facing Gatso) from Kent Police. The car is definitely mine but there is no way from the image to see the driver. I had not realised until enquiring about the NIP that my registration document gave my house number as 5 when it is 6, the rest of the address is correct. This is the reason given by the officer for the delay as they said they had to check the database for my drivers licence for the correct address. So I just have a few questions that I would appreciate anyone who feels inclined to respond to.

1. Could 2 months be deemed a "reasonable amount of time" to determine my correct address?

2. I honestly cannot remember the event or who was driving, it could of been me but I really cannot agree with the statement I am encouraged to sign to on the reverse of the NIP. How can I lawfully complete the form?

3. I know I am required by law to complete the form. Am I legally required to sign it?

I have until 19th August to reply to the NIP. I am tempted to give in and just pay for the speed awareness course @ £110. I don't have a lot of confidence in fighting cases even when I've done no wrong. I fought a no insurance conviction with the "help" of a motoring solicitor costing me £350 after Direct Line cancelled insurance without warning after paying out a grand for insurance a week earlier, I lost incurring the fine and my first points (6) after nearly 30yrs of driving. Direct Line did send me a nice letter of (carefully worded) apology! Then put my insurance up by 1700! (OK I drive a group 24f car!) At least this put me onto Adrian Flux insurance who quoted me less premium with the 6 points than Direct Line quoted without the points! Any help and/or advice gratefully received.
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post Tue, 10 Aug 2010 - 14:43
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Pete D
post Tue, 10 Aug 2010 - 14:48
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Ask at number 6 if they recieved a NIP and did they send it back or bin it. Pete D
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andy_foster
post Tue, 10 Aug 2010 - 14:53
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Are you on speaking terms with the residents of #5?

1. Irrelevant. If they cannot with reasonable diligence determine the driver or RK's details in time to serve a NIP within 14 days, there is no subsequent requirement to serve a NIP within a 'reasonable' time, or at all.

2. Without seeing the form it is difficult to say. You could always write them a letter.

3. You are required to comply with any reasonable requirements as to the manner in which the information should be provided, which can include a requirement to sign the response.


What steps have you taken to try to determine who was driving?


Please visit the READ ME FIRST section (Click Here), answer all the questions in the NIP Wizard (including the detailed questions reached by clicking on the Additional Questions button on the second page), and the Wizard will then post its output back here to enable us to help you.



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BaggieBoy
post Tue, 10 Aug 2010 - 14:55
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As long as they served the initial NIP to the address held by the DVLA (I.e. Number 5) within 14 days of the offence, they have satisfied the requirements. Any further NIPs have no such time limit. As Pete said, enquire with the people at the other address if they know when the NIP arrived.
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peterguk
post Tue, 10 Aug 2010 - 15:01
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QUOTE (PGQ @ Tue, 10 Aug 2010 - 15:43) *
3. I know I am required by law to complete the form. Am I legally required to sign it?


If the alleged offence is in England or Wales, yes.


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southpaw82
post Tue, 10 Aug 2010 - 17:24
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QUOTE (PGQ @ Tue, 10 Aug 2010 - 15:43) *
Kent Police.



QUOTE (peterguk @ Tue, 10 Aug 2010 - 16:01) *
If the alleged offence is in England or Wales, yes.



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PGQ
post Wed, 11 Aug 2010 - 16:47
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Thanks for the replies guys. I think I will take the "speed awareness" course option. But I am well irked by it. Anyone know what these courses are like? I have done speed driving and track courses in the car thanks to the M series owners club (I drive an M5 BMW) and advanced riding and police riding courses on my Italian sportsbike can I expect something similar? I get really ****** at the lie that speed cameras are there for road safety, a blatant and utter falsehood, total b0ll0cks. (A thought that crossed my mind as i was following the bike cop at 80 on an A road during my met police rider training, I know he was riding safely as was I) As a biker in London speed cameras are an unwelcome additional hazard, a dangerous distraction I have to negotiate as I try to stay alive on the street. Perhaps some can sense my anger as I seethe at having the stigma of a "no insurance" conviction after 30 years conviction free driving. What adds insult to injury is that at the same time I got that I had a classic BMW stolen by kids, caught smashing it up by the cops but yep, you guessed the sent me a letter NFA no further action, well no money in for them was there. In my book road safety has nothing to do with speed and everything to do with driver/rider ability and awareness, but there is no move to correct that, after all do they really care about safety? The coppers were not interested in tracking down the dangerous bus driver who left me on Elephant and Castle roundabout with my leg pointing the wrong way, who knows that guy may of gone onto maim and kill other motorcyclists or pedestrians. I consider I have suffered the injuries and bear the scars of the truth about the "road safety" lies. Now I'll get off the soapbox.
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Logician
post Wed, 11 Aug 2010 - 17:11
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The courses are not bad, some find them quite interesting. There is no attempt to make you feel blameworthy. There are things like knowledge of limits (so read up on limits for different classes of vehicle and be a star pupil!), braking distances and so on. There is no practical aspect.


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Fredd
post Wed, 11 Aug 2010 - 17:12
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It'll be nothing like the courses you mentioned having been on, and everything about explaining why all the other things you mentioned are wrong-headed and "speed kills". I'm afraid you'll need to take a large chill pill and button it for 3 or 4 hours! Some people report that they're not as bad as they expected, but I've never heard the glowing reports that Logician apparently has. wacko.gif


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Logician
post Wed, 11 Aug 2010 - 18:05
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Not sure it was a glowing report, but that's what my ex said after doing one two weeks ago. Perhaps not as bad as expected sums it up, also it went on too long but I expect there is a target length.


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PGQ
post Sat, 14 Aug 2010 - 10:39
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Thanks again guys. I have no objection to doing courses, it can only help to make me a more aware and knowledgeable driver/rider which I know by painful experience is the true measure of a safe motorist. The vehicles I own are designed for speed and respond to expert piloting. I am not perfect by a long way but when I go fast it is because I have been trained to recognise its safe to do so.

Oh and. Thanks Fredd, good advice to chill, that always makes for a better driver. I usually save my anger and rants for when I'm in front of the computer. Being chilled on the road is a life saver!
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