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[NIP Wizard] NIP Recieved - M5 Southbound
nickpatten
post Fri, 11 Jan 2019 - 11:01
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - December 2018
Date of the NIP: - 30 days after the offence
Date you received the NIP: - 33 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M5 5 to 6 Southbound (H), United Kingdom
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? - Contract Lease
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 -

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? - No
As you were not responsible for the vehicle, somebody else has named you as the driver. 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: Fri, 11 Jan 2019 11:01:31 +0000
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post Fri, 11 Jan 2019 - 11:01
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peterguk
post Fri, 11 Jan 2019 - 11:03
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Alledged speed? Limit?


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The Rookie
post Fri, 11 Jan 2019 - 11:12
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QUOTE (nickpatten @ Fri, 11 Jan 2019 - 11:01) *
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? - No

Just to clarify, 'Keeper' is not legally defined but it's the person who would normally 'have the keys', so is that still a No?

Any questions?


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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!

S172's
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nickpatten
post Fri, 11 Jan 2019 - 11:17
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Recorded speed 95mph on motorway speed limit 70mph

The vehicle is contract lease, so I am not the owner, but I am responsible for the vehicle, so I guess the answer to the Keeper question could be yes, as I have the keys.
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Jlc
post Fri, 11 Jan 2019 - 11:23
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That excess should just qualify for a 3 points £100 fixed penalty.

1 mph faster would have been dealt with at court...


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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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nickpatten
post Fri, 11 Jan 2019 - 11:25
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I have been offered 3 pts & £100 fine.

I have also requested camera serial number to confirm valid calibration certificate.
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AntonyMMM
post Fri, 11 Jan 2019 - 11:29
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QUOTE (nickpatten @ Fri, 11 Jan 2019 - 11:25) *
I have also requested camera serial number to confirm valid calibration certificate.


Why ?
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nickpatten
post Fri, 11 Jan 2019 - 12:00
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Surely, if the cert has expired the NIP cannot be enforced.
Although, I am aware that the chances of the cert being expired are extremely slim...
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southpaw82
post Fri, 11 Jan 2019 - 12:11
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QUOTE (nickpatten @ Fri, 11 Jan 2019 - 12:00) *
Surely, if the cert has expired the NIP cannot be enforced.

A mechanical device (certified or otherwise) is presumed to be operating correctly unless proven otherwise.


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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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Churchmouse
post Fri, 11 Jan 2019 - 12:27
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QUOTE (nickpatten @ Fri, 11 Jan 2019 - 12:00) *
Surely, if the cert has expired the NIP cannot be enforced.
Although, I am aware that the chances of the cert being expired are extremely slim...

Out of curiousity, where did you get the idea to request this?

I'd just like to confirm my long-standing view that Facebook is the Devil's spawn.

--Churchmouse
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nickpatten
post Fri, 11 Jan 2019 - 12:39
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A colleague suggested it..
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NewJudge
post Fri, 11 Jan 2019 - 12:44
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QUOTE (nickpatten @ Fri, 11 Jan 2019 - 12:39) *
A colleague suggested it..

Then tell him or her that they are misleading people, wasting their time and potentially landing them with a court appearance when an out-of-court disposal might otherwise be offered.
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