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[NIP Wizard] NIP - posted over 3 months late
Kikpop99
post Sat, 12 Jan 2019 - 14:13
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2018
Date of the NIP: - 115 days after the offence
Date you received the NIP: - 116 days after the offence
Location of offence (exact location as it appears on the NIP: important): - NORTH ORBITAL ROAD, DENHAM
Was the NIP addressed to you? - No
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? - It is a company car. I am one of the Partners of the company
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 - * I am the owner of a brand new company car (no previous owners so no other registered keepers) and have owned it for over 2 years.

* The NIP has been issued in the company name

* There are only 2 drivers of the car (myself and my wife), and the alleged offence could have been committed by either of us but as we have received a notification almost 4 months late we cannot be sure which one of us was the driver.

* Over 3 months have lapsed between the alleged offence date (18th Sep 2018) and the date on the NIP (11th Jan 2019).

* If this is NOT the first letter notification by the Police, why does the letter not state 'REMINDER' or second letter, etc.


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: Sat, 12 Jan 2019 14:13:14 +0000
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post Sat, 12 Jan 2019 - 14:13
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The Rookie
post Sat, 12 Jan 2019 - 14:56
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Check the V5c registration document, are all the details correct.

This late a first NIP is unheard of, it’s also late for a reminder (and no many don’t give any indication they are reminder)

My money is that either your company isn’t actually the RK or that there is an error in the details.

Whether you’re the owner or not is irrelevant, it’s who the registered keeper is, it’s not leased or on finance?

Even if it’s is late, either than the effect on memory it’s irrelevant unless the driver can be named.

I suggest you start checking records, itemised phone bills and credit/debit card statements can help place on or other you in the right, or totally wrong, place.

This post has been edited by The Rookie: Sat, 12 Jan 2019 - 14:58


--------------------
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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Kikpop99
post Sat, 12 Jan 2019 - 15:36
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Thanks for your feedback Rookie. Actually, I've just realised that the car is leased! That probably means the first NIP went to the lease company, which explains the delay in me receiving the NIP. Nevertheless, receiving it 3 months later is a bit stretched. What do you suggest I should do now?
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BaggieBoy
post Sat, 12 Jan 2019 - 16:23
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QUOTE (Kikpop99 @ Sat, 12 Jan 2019 - 15:36) *
What do you suggest I should do now?

Name the most likely driver.
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Kikpop99
post Sat, 12 Jan 2019 - 16:33
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That's fine, but what about challenging the NIP as I received it over 3 months after the alleged offence?
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andy_foster
post Sat, 12 Jan 2019 - 16:44
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QUOTE (Kikpop99 @ Sat, 12 Jan 2019 - 16:33) *
That's fine, but what about challenging the NIP as I received it over 3 months after the alleged offence?


What about it?
A NIP has to be served on the driver or the RK within 14 days. There are no statutory time limits on subsequent NIPs/s. 172 requirements.


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

If you're going to try to contradict me, please at least try to get your facts straight.
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Kikpop99
post Sat, 12 Jan 2019 - 17:24
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Does anybody think I have a leg to stand on by making any kind of challenge?. If so, what should I write? is there any mileage in stating: -

For this Notice to have been valid, it ought to have been with me within 14 days of the alleged offence [Gidden v Chief Constable of Humberside [2009] EWHC 2924 (Admin)].
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southpaw82
post Sat, 12 Jan 2019 - 17:47
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QUOTE (Kikpop99 @ Sat, 12 Jan 2019 - 17:24) *
Does anybody think I have a leg to stand on by making any kind of challenge?. If so, what should I write? is there any mileage in stating: -

For this Notice to have been valid, it ought to have been with me within 14 days of the alleged offence [Gidden v Chief Constable of Humberside [2009] EWHC 2924 (Admin)].

Only the first NIP needs to be served within 14 days. As this is not the first NIP how can you have any argument based on it being beyond 14 days?

This post has been edited by southpaw82: Sat, 12 Jan 2019 - 17:48


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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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Jlc
post Sat, 12 Jan 2019 - 18:03
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Mr Gidden himself posts on here - he’ll agree with the above...


--------------------
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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cp8759
post Sat, 12 Jan 2019 - 19:17
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QUOTE (Kikpop99 @ Sat, 12 Jan 2019 - 17:24) *
Does anybody think I have a leg to stand on by making any kind of challenge?. If so, what should I write? is there any mileage in stating: -

For this Notice to have been valid, it ought to have been with me within 14 days of the alleged offence [Gidden v Chief Constable of Humberside [2009] EWHC 2924 (Admin)].

The person who gets the first NIP has 28 days to respond, if what you're suggesting were a valid defence, everybody could get away with speeding by just driving a lease car, as the s172 served on the driver would always be out of time.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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