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[NIP Wizard] offence 07/07/2018 NIP 02/01/2019? HELP PLEASE, Threads merged
Underwp
post Mon, 7 Jan 2019 - 15:24
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - July 2018
Date of the NIP: - 179 days after the offence
Date you received the NIP: - 181 days after the offence
Location of offence (exact location as it appears on the NIP: important): - m4 , j20-19 Eastbound s glos united kingdom
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? - Partners Company car
How many current points do you have? - 3
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 - THE OFFENCE WAS A WEEKEND AND i WAS USING THE CAR TO VISIT MY PARENTS IN BRISTOL (i LIVE IN Monmouth WALES)

THIS IS MORE ABOUTH THE TIME IT HAS TAKEN TO RECIEVE THE nip



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)? - No
Is the NIP addressed to you personally? - No

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • Do nothing!

    The police are not requesting the information from you, they are requesting it from the person the NIP is addressed to.
    Wait until you receive a NIP addressed to you personally, then come back here.

Generated by the PePiPoo NIP Wizard v3.3.2: Mon, 07 Jan 2019 15:24:08 +0000
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post Mon, 7 Jan 2019 - 15:24
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Underwp
post Mon, 7 Jan 2019 - 15:26
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - July 2018
Date of the NIP: - 179 days after the offence
Date you received the NIP: - 181 days after the offence
Location of offence (exact location as it appears on the NIP: important): - m4 , j20-19 Eastbound s glos united kingdom
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? - Partners Company car
How many current points do you have? - 3
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 - THE OFFENCE WAS A WEEKEND AND i WAS USING THE CAR TO VISIT MY PARENTS IN BRISTOL (i LIVE IN Monmouth WALES)

THIS IS MORE ABOUTH THE TIME IT HAS TAKEN TO RECIEVE THE nip



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)? - No
Is the NIP addressed to you personally? - YES


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: Mon, 07 Jan 2019 15:26:32 +0000


HELLO ITS A SECTION 172 REQUEST FOR DRIVERS DETAILS AND THE OFFENCE DATE IS 07/07/2018

THANK YOU

This post has been edited by Underwp: Mon, 7 Jan 2019 - 15:44
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BaggieBoy
post Mon, 7 Jan 2019 - 15:38
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Since you are not the Registered Keeper, and as long as the first NIP was served on the RK within 14 days, the subsequent delay is not really and issue. However if what you have is a S172 request to name the driver, then regardless on how long ago the offence was, you must comply else face a different charge is likely to be brought against you.

The good news however is that if the offence was alleged to have been committed in July, it is very close to timing out. So it's highly likely if you respond to the S172 request (as late as possible) and name yourself as the driver then no prosecution could be brought. That doesn't mean they won't try to get you to accept a fixed penalty, but once the 6 month point has passed it would be safe to ignore that.

Post the exact date and clarify what you have just received.

Just realised the offence date was 7/7, so any prosecution would have to be initiated today.
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Jlc
post Mon, 7 Jan 2019 - 17:14
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But the s172 must be complied with as the underlying speeding may have timed out but any s172 offence won't.

So simply name the driver correctly.


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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andy_foster
post Mon, 7 Jan 2019 - 17:21
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What is the alleged offence (BTW "A WEEKEND" is not an offence).


--------------------
Andy

If you're going to try to contradict me, please at least try to get your facts straight.
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Jlc
post Mon, 7 Jan 2019 - 18:01
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Yes, I read it as speeding (and it probably was) but needs confirming.


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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andy_foster
post Mon, 7 Jan 2019 - 18:12
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When a timeout appears "too easy", start asking questions.


--------------------
Andy

If you're going to try to contradict me, please at least try to get your facts straight.
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Underwp
post Sun, 20 Jan 2019 - 12:01
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Hi All
Apologies for the late reply but we have had some family issues..

Can I be more specific on the the date of the offence was 07/07/2018 - the date of the NIP IS 02/01/2019 addressed to my partner who was driving my company car on the day of the offence.

the NIP is a section 172 to provide detail of the driver and states what to do if you are the driver and addressed to to you:-
F Complete page 2 (reply to notice form) on who you want to proceed. To apply to settle by accepting the fixed penalty follow the instructions on page 3 (fixed penalty application form) alternatively you can request a court hearing.

I hope this makes more send and I really need some advice on how she should proceed.

Many thanks





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Underwp
post Sun, 20 Jan 2019 - 12:09
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - July 2018
Date of the NIP: - 179 days after the offence
Date you received the NIP: - 181 days after the offence
Location of offence (exact location as it appears on the NIP: important): - m4 , j20-19 Eastbound s glos united kingdom
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? - Boyfriends company car
How many current points do you have? - 3
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 - THE OFFENCE WAS A WEEKEND AND i WAS USING THE CAR TO VISIT MY PARENTS IN BRISTOL (i LIVE IN Monmouth WALES)

THIS IS MORE ABOUT THE TIME IT HAS TAKEN TO RECEIVE THE nip


Hi All
Apologies for the late reply but we have had some family issues..

Can I be more specific on the the date of the offence was 07/07/2018 - the date of the NIP IS 02/01/2019 addressed to my partner who was driving my company car on the day of the offence.

the NIP is a section 172 to provide detail of the driver and states what to do if you are the driver and addressed to to you:-
F Complete page 2 (reply to notice form) on who you want to proceed. To apply to settle by accepting the fixed penalty follow the instructions on page 3 (fixed penalty application form) alternatively you can request a court hearing.

I hope this makes more send and I really need some advice on how she should proceed.

Many thanks



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)? - No
Is the NIP addressed to you personally? - Yes
Although you are not the Registered Keeper, were you 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: Sun, 20 Jan 2019 12:09:06 +0000
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BaggieBoy
post Sun, 20 Jan 2019 - 12:20
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You still haven't stated what the offence is...
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Underwp
post Sun, 20 Jan 2019 - 12:35
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Sorry

Its a speeding offence 89MPH on a 70 limit
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NewJudge
post Sun, 20 Jan 2019 - 14:00
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Then as suspected earlier, the speeding offence has now "timed out" (a prosecution had to begin by 7th January). However the S172 request must still be complied with. Your partner needs to reply to it naming him/herself as the driver. Take a copy of it and get a free certificate of posting from the Post Office.

The ticket office may realise the offence has timed out and may take no further action. However they may still "try it on" by offering your partner a Fixed Penalty. This can be ignored.
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Underwp
post Sun, 20 Jan 2019 - 14:09
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thank you

The offer of the fixed penalty has come with the NIP as it states - if you were the diver follow the instructions on page 3 (Fixed penalty application form)

Can she write back and confirm she was the driver but point out the timed out period has elapsed?


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Redivi
post Sun, 20 Jan 2019 - 14:14
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It looks like they've already realised that it's near the deadline if it's included instructions about accepting the fixed penalty

I'm still confused who the S172 request was addressed to, whose company car it was and who was the driver

In one post you've said it was addressed to you
In another you've said it was to your boyfriend who was driving your company car
Another post says he was driving his company car

Does the company car's insurance cover driving by partners ?

Regardless of the answers, the S172 request must receive a reply

Make sure it includes full name and address, date of birth and driver number and is signed by the person the S172 is addressed to, not the driver if this is different
Don't provide any excuse for a prosecution after they let the original offence fall between the cracks

Keep a copy of the reply and make sure you ask for a certificate of sending from the Post Office

This post has been edited by Redivi: Sun, 20 Jan 2019 - 14:18
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Underwp
post Sun, 20 Jan 2019 - 14:24
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Sorry if its confusing i messed up on the post (first time i have used the site)

It is my company car

The NIP came addressed to my company, After investigation we identified it was mt Girlfriend driving the car on a weekend (the company car is insured for partners)

We sent the NIP back (within the correct timescales) identifying my Girlfriend and her details

it is this NIP with was received on 02/01/2019

Hope this helps
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NewJudge
post Sun, 20 Jan 2019 - 14:47
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The date of the NIP is irrelevant. The prosecution process against the driver (for speeding) must begin within six months of the date of the offence and it's now too late for that. The only thing you must ensure is that a response to the latest request for driver's details is made within the time allowed (28 days from receipt which is assumed to be two working days after posting).
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Underwp
post Sun, 20 Jan 2019 - 16:13
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Thanks

How do she reply as the form state if you agree you are the driver then to pay the fixed penalty or ask to go to court?
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Jlc
post Sun, 20 Jan 2019 - 16:16
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You don't have to use their form.

Simply provide the requested information and ensure it's signed.

This post has been edited by Jlc: Sun, 20 Jan 2019 - 16:16


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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Churchmouse
post Sun, 20 Jan 2019 - 16:49
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QUOTE (Jlc @ Sun, 20 Jan 2019 - 16:16) *
You don't have to use their form.

Simply provide the requested information and ensure it's signed.

"Simply" might be pushing it.

OP, if you want more specific advice, scan or photograph the documents and upload them somewhere (and link back to this thread) so we can see exactly what you've got. Redact the personal information if you like, but leave the dates.

--Churchmouse
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Slapdash
post Sun, 20 Jan 2019 - 16:49
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QUOTE (Redivi @ Sun, 20 Jan 2019 - 14:14) *
It looks like they've already realised that it's near the deadline if it's included instructions about accepting the fixed penalty


It is Avon and Somerset. They send a combined NIP and S172 request.

It is, of course, possible to complete the S172 and not accept cofp/court/course. I guess a covering letter detailing why could be sent (if claiming timeout).

The last one I had gave this option in the notes. Though it wasn't entirely obvious.
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