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[NIP Wizard] Notice After 14 Days
777.Makita
post Tue, 4 Dec 2018 - 16:01
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - June 2018
Date of the NIP: - 166 days after the offence
Date you received the NIP: - 170 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M1 North Bound Tibshelf
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 - Time of alleged affence was 21:53 back on 7th June. where i was alleged of exceeding variable Motorway speed limot. The limit was said to be 40mph and i was said to be doing 50mph

The vehicle is a van that has trade indurance and i cannot remember that far bak who was driving although I am the registered keeper.


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: Tue, 04 Dec 2018 16:01:49 +0000
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post Tue, 4 Dec 2018 - 16:01
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BaggieBoy
post Tue, 4 Dec 2018 - 16:06
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So do you have the V5c? What is the name / address on it?

But the good news is that the offence times out in 3 days, so as long the force in question hasn't started proceedings by then they cannot.
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666
post Tue, 4 Dec 2018 - 16:10
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1. Are you 100% sure you are the registered keeper? Do you have the V5C in your possession? If you have, are the name and address details 100% accurate?

2. Regardless of the possible late NIP, you MUST reply to the s172 request to name the driver.

3. If the vehicle is used for business by multiple drivers, the employer is expected to keep records.
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peterguk
post Tue, 4 Dec 2018 - 16:10
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But the obligation to name the driver remains.
Who else could have been driving?


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The Rookie
post Tue, 4 Dec 2018 - 16:15
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If you reply close to the 28 day limit then whoever was driving cannot be prosecuted for the speeding offence as more than 6 months will have elapsed (making the 14 day question fairly academic), if you believe you were more likely than not the driver then naming yourself would seem to be the best plan as the police still have 6 months to prosecute you for failing to name the driver.

This post has been edited by The Rookie: Tue, 4 Dec 2018 - 16:15


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NewJudge
post Tue, 4 Dec 2018 - 16:28
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Simply reply naming the person most likely to have been driving. Make sure your reply arrives after 7th December (after which no prosecution can begin) but before 22nd December. If your NIP was dated (and presumably posted) on 20th November it was deemed to have been served on Monday 24th. You would commit an offence under S172 if you fail to reply by 22nd December so get it there well before then. Take a copy of your reply and get a certificate of posting from the Post Office.

You may still be offered a course (if you are eligible) or a fixed penalty. You can ignore them or, if you are in a good mood, politely decline them.
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andy_foster
post Tue, 4 Dec 2018 - 23:08
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What 'notice' have you received?


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Andy

Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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