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[NIP Wizard] 71 in a 60 variable zone - NIP received after 14 days - any hope?
mickstanton
post Wed, 13 Feb 2019 - 15:03
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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: - 41 days after the offence
Date you received the NIP: - 42 days after the offence
Location of offence (exact location as it appears on the NIP: important): - At M25 Junction 9 to 10, Leatherhead to Wisley, 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? - Company issued hire car
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 - I was seen doing 71mph. The variable speed limit was set to 60mph. I did see the 60mph signals but the road ahead of me was totally clear, which I know was my mistake.

I feel my only possible defence is that I received the NIP way more than 14 days after the incident. This I would put down to the fact that I drive a company-issued hire car - presumably Surrey Police first sent an NIP to the hire car agency, where the vehicle is registered to, before being given my contact details.

I have since replied acknowledging my identity as the driver, and I have received the conditional offer of fixed penalty. Option to pay 100GBP and accept three points or go on a safety awareness course.

Any help would be much appreciated.


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: Wed, 13 Feb 2019 15:03:44 +0000
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post Wed, 13 Feb 2019 - 15:03
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Irksome
post Wed, 13 Feb 2019 - 15:08
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From: sw11
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Take the speed awareness course. The requirement to deliver the NIP within 14 days only applies to the first NIP in the chain, which you acknowledge would have gone to the Registered Keeper (the leasing company).


--------------------
PePiPoo will likely close in October due to issues beyond the control of any contributor to this forum.

You are encouraged to seek advice at https://www.ftla.uk/speeding-and-other-criminal-offences/ where the vast majority of the experts here have moved over to already.
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