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[NIP Wizard] NIP 4 months late claiming they have complied with requirement to serve NIP within 14 days
bigdaddy1969
post Sun, 6 Jan 2019 - 12:17
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - August 2018
Date of the NIP: - 137 days after the offence
Date you received the NIP: - 138 days after the offence
Location of offence (exact location as it appears on the NIP: important): - New Cut Lane, Halsall
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? - 6
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 -

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, 06 Jan 2019 12:10:40 +0000

So this NIP arrived yesterday for an alleged offence on 20th August but it contains a box in which it states:

"Please be advised we have already complied with the requirement to serve a Notice of Intended Prosecution on the last known keeper of this vehicle within 14 days of the alleged offence. You are now required to respond to the S172 request for information as noted below."

This is the first Ive heard of it.

I assume I have to supply the S172 details but should I also send a letter with it?
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post Sun, 6 Jan 2019 - 12:17
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peterguk
post Sun, 6 Jan 2019 - 12:31
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How long have you owned the vehicle?

What is the exact date of offence?

What's the DOC REF DATE on p2 of the V5C?

This post has been edited by peterguk: Sun, 6 Jan 2019 - 12:32


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bigdaddy1969
post Sun, 6 Jan 2019 - 12:39
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How long have you owned the vehicle? 4 years

What is the exact date of offence? 20/08/18

What's the DOC REF DATE on p2 of the V5C? don't know where it is currently but Ive been at the same address for 3 years and received other DVLA/ NIPs at this address

Thanks
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The Rookie
post Sun, 6 Jan 2019 - 13:19
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From: Warwickshire
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The first step is to check your V5c, is the address exactly correct, and then check the date by the ‘docref’ towards the bottom of page two when the DVLA last updated details.

We’ve seen cases where the address was subtly wrong, so some post may arrive, other may not. Before starting on a 14 day defence you need to be very sure of your position before passing up a course (if offered this late) or fixed penalty.


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Redivi
post Sun, 6 Jan 2019 - 13:50
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Whatever you discover, send the reply so that it arrives on about Day 26

Make sure you keep a copy and ask the Post Office for a certificate of sending

I wouldn't send a covering letter
It sends the message that you won't accept a Conditional Offer of Fixed Penalty and invites the police to immediately prosecute

Day 26 is about Day 164 after the offence
If you send the reply with no comment, there's a chance that the police will send a COFP

This can be safely ignored because the deadline to prosecute will expire before the deadline to accept the COFP
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Churchmouse
post Sun, 6 Jan 2019 - 15:38
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From: Landan
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QUOTE (bigdaddy1969 @ Sun, 6 Jan 2019 - 12:39) *
How long have you owned the vehicle? 4 years

What is the exact date of offence? 20/08/18

What's the DOC REF DATE on p2 of the V5C? don't know where it is currently but Ive been at the same address for 3 years and received other DVLA/ NIPs at this address

Have a look for it. The questions are being asked in order to understand why the police think they have complied with the 14-day rule. Their note (which is, AFAIK, unusual) suggests that something unusual is afoot. The inclusion of their note suggests that this NIP is not a "reminder", but that they had sent to original NIP to a different address. Why would they do that if the V5C is correct?

--Churchmouse
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