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[NIP Wizard] 61 in a 30 :( NIP after 20days
jaydeee007
post Thu, 12 Oct 2017 - 19:32
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2017
Date of the NIP: - 18 days after the offence
Date you received the NIP: - 20 days after the offence
Location of offence (exact location as it appears on the NIP: important): - 23:34 A412 north orbital road, denham
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Second
If your are not the Registered Keeper, what is your relationship to the vehicle? -
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 - Friday night 23:34 ....just split up with boyfriend and was really angry (and driving stupidly) didn't see camera till it was too late. cant beleive i was sooo stupid, had a clean license 5 years since i passed. I guess i dont have a leg to stand on really but worth asking as the NIP was 20 days arriving and i'm not sure what to do

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: Thu, 12 Oct 2017 19:32:51 +0000

This post has been edited by jaydeee007: Thu, 12 Oct 2017 - 19:42
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post Thu, 12 Oct 2017 - 19:32
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cp8759
post Thu, 12 Oct 2017 - 19:43
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Are you *sure* the NIP was sent by second class post?

Also, is the car registered to you, and if so is the address on the V5C correct? Have you recently moved?

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Jlc
post Thu, 12 Oct 2017 - 20:02
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It's usually franked 1st class which can look like second class.

But this doesn't appear to be the 1st NIP - If it is then there is a potential defence.

Get your v5 out and confirm the doc ref date at the bottom of page 2 in DD MM YY format.


--------------------
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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jaydeee007
post Thu, 12 Oct 2017 - 20:13
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The NIP came in a prepaid Royal Mail envelope with :

postage paid GB
Banbury 38

next to a big black number 2

Just trying to find v5 now

This post has been edited by jaydeee007: Thu, 12 Oct 2017 - 20:16
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Jlc
post Thu, 12 Oct 2017 - 20:15
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Ok, definitely 2nd - adds weight it’s not the first.


--------------------
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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southpaw82
post Thu, 12 Oct 2017 - 21:21
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QUOTE (Jlc @ Thu, 12 Oct 2017 - 21:15) *
Ok, definitely 2nd - adds weight it’s not the first.

There’s scope for mischief here.

Rule 4.7(2) of the Criminal Procedure Rules requires a s 172 notice to be served by first class post for the purposes of s 12 Road Traffic Offenders Act 1988. There’s scope to argue at trial that the s 172 response can’t be admitted under s 12 and as there’s no evidence of the driver the case should be dismissed. Whether the court would go for it is debatable.


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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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Logician
post Thu, 12 Oct 2017 - 22:48
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QUOTE (southpaw82 @ Thu, 12 Oct 2017 - 22:21) *
QUOTE (Jlc @ Thu, 12 Oct 2017 - 21:15) *
Ok, definitely 2nd - adds weight it’s not the first.
There’s scope for mischief here. Rule 4.7(2) of the Criminal Procedure Rules requires a s 172 notice to be served by first class post for the purposes of s 12 Road Traffic Offenders Act 1988. There’s scope to argue at trial that the s 172 response can’t be admitted under s 12 and as there’s no evidence of the driver the case should be dismissed. Whether the court would go for it is debatable.


An interesting point, if the court did accept that submission and dismissed the case of speeding, would there be anything to prevent the police from charging the OP with s.172 in relation to the first notice, assuming the one she did receive was a reminder and they acted within 6 months?

Mind you, 18 days after the offence seems very early for a reminder to be sent.





This post has been edited by Logician: Thu, 12 Oct 2017 - 22:50


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southpaw82
post Fri, 13 Oct 2017 - 12:07
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Would seem to be an abuse of process argument there if they did.


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


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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