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[NIP Wizard] Expecting SJPN for speeding (and potentially failure to identify)
slowfarah
post Thu, 13 Feb 2020 - 13:00
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - August 2019
Date of the NIP: - 7 days after the offence
Date you received the NIP: - 163 days after the offence
Location of offence (exact location as it appears on the NIP: important): -
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 - I am expecting a Single Justice Procedure Notice within the next 2-3 weeks and am concerned that the charges may include S172 Failure to identify driver.

I received a combined Notice of Intended Prosecution for speeding (36mph in a 30 zone) and an S172 form. I filled this in and sent it back right away. The issue is that this was 5 and a half months after the offence. It was received late due to my V5 document containing my old address. The letter stated I had 7 days to respond, which I did, however as this is greatly over the 28 days of the original offence I am concerned that I could by endorsed with 9 points on my driving license (failure to identify plus the speeding charge).

I contacted the CPU a few days after sending it and they confirmed they'd received the completed form, however as it was 4.5 months after the offence it will go through the court and they couldn't offer a fixed penalty.

If the SJPN does contain both charges, is it possible to discount the failure to identify? Technically it's my fault due to my failure to update the logbook, however if I had received it, I would have sent it back straight away (as I did when I received the follow-up).

Any help greatly appreciated.


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, 13 Feb 2020 13:00:12 +0000
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post Thu, 13 Feb 2020 - 13:00
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The Rookie
post Thu, 13 Feb 2020 - 14:26
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If you were served the S172 at 163 days, you could/should have sent it back to arrive outside the six months and there would have been nothing the Police could then do.

As it is you just have to see what arrives but you have a good chance of getting the FP tariff in court.


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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!

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slowfarah
post Thu, 13 Feb 2020 - 14:36
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QUOTE (The Rookie @ Thu, 13 Feb 2020 - 14:26) *
If you were served the S172 at 163 days, you could/should have sent it back to arrive outside the six months and there would have been nothing the Police could then do.

As it is you just have to see what arrives but you have a good chance of getting the FP tariff in court.


Thanks for your response.

I must say I panicked when I got it and sent it back immediately! As the NIP contained an S172, are you aware if this would this be accepted as a fresh form (I don't recall it stating reminder), or would it be tied back to the original (sent to my old address in August)?

I'll take the 3 points / fine (CPU said probably too late for SAC), but the thought of getting 9 is very worrying.

I'm new to this but learning fast!
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The Rookie
post Thu, 13 Feb 2020 - 14:39
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From: Warwickshire
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Why would you get 9 points, it seems they are fully aware you didn’t get the first S172 so the chances of a prosecution for that are vanishingly close to zero.


--------------------
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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slowfarah
post Thu, 13 Feb 2020 - 14:45
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QUOTE (The Rookie @ Thu, 13 Feb 2020 - 14:39) *
Why would you get 9 points, it seems they are fully aware you didn’t get the first S172 so the chances of a prosecution for that are vanishingly close to zero.


That's a relief, I'm a worrier so always expect the worse! From a few things I've read online, it states that I would be required to identify myself as the driver 28 days from the offence.

I've read a few topics stating that an SJPN contains speeding and failure to identify could potentially see an endorsement of 9 points and my brain just ran with it!

Thanks again for your swift response on the matter smile.gif
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nosferatu1001
post Thu, 13 Feb 2020 - 15:51
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It feels it woudl be perverse to send yo ua form, giving you time to fill it in, but to then prosecute you *anyway* for something missed months earlier.
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southpaw82
post Thu, 13 Feb 2020 - 15:54
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QUOTE (slowfarah @ Thu, 13 Feb 2020 - 14:45) *
I've read a few topics stating that an SJPN contains speeding and failure to identify could potentially see an endorsement of 9 points and my brain just ran with it!

It can but that’s normally where the police have received no reply at all.


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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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slowfarah
post Thu, 13 Feb 2020 - 16:06
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QUOTE (nosferatu1001 @ Thu, 13 Feb 2020 - 15:51) *
It feels it woudl be perverse to send yo ua form, giving you time to fill it in, but to then prosecute you *anyway* for something missed months earlier.


That's a very good point. The form did say to respond within 7 days (I imagine it was a short deadline as it's very close to 6 months) and the CPU confirmed they received the response in good time.

QUOTE (southpaw82 @ Thu, 13 Feb 2020 - 15:54) *
QUOTE (slowfarah @ Thu, 13 Feb 2020 - 14:45) *
I've read a few topics stating that an SJPN contains speeding and failure to identify could potentially see an endorsement of 9 points and my brain just ran with it!

It can but that’s normally where the police have received no reply at all.


That's reassuring, thanks. I've been dreading the SJPN containing both charges after reading about the 28 day on initial NIP rule.
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