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[NIP Wizard] NIP - change of procedure
Manzily
post Thu, 20 Jun 2019 - 10:17
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - April 2019
Date of the NIP: - 42 days after the offence
Date you received the NIP: - 55 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A385 Ashburton Road, Totnes, Devon
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? -
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 - None known

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
Did the first NIP arrive within 14 days? - No
Was there a valid reason for the NIP's late arrival? - Yes
Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes
Were you driving? - No
Do you know who was driving? - Yes

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • Complete the Section 172 statement naming the person you believe was driving.
    You aren't incriminating them - they'll receive a NIP to complete themselves in due course.

    (You might also like to let that person know that they can expect to receive one, and give them the link to this Wizard for when it arrives!)

Generated by the PePiPoo NIP Wizard v3.3.2: Thu, 20 Jun 2019 10:17:55 +0000

This post has been edited by Manzily: Thu, 20 Jun 2019 - 10:22
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post Thu, 20 Jun 2019 - 10:17
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andy_foster
post Thu, 20 Jun 2019 - 10:40
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Sorry mate, the crystal ball is on the blink again.


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Andy

Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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The Rookie
post Thu, 20 Jun 2019 - 10:47
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Alleged speed?
Limit?
You know nothing AT ALL of the circumstances?
Relationship to vehicle?

Going from your answers, you weren't driving and know who was, so name them as required by the law.


--------------------
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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Manzily
post Thu, 20 Jun 2019 - 10:48
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Actual issue is that although the NIOP states that responses can be emailed, when I did so I received a repply stating "Due to a recent process change we are no longer able to accept completed Notices of Intended Prosecution which are returned to us by email. You are therefore required to return the hard copy of your completed form by post."
Does this invalidate the NIP?
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Jlc
post Thu, 20 Jun 2019 - 10:50
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QUOTE (Manzily @ Thu, 20 Jun 2019 - 11:48) *
Does this invalidate the NIP?

Nope.


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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andy_foster
post Thu, 20 Jun 2019 - 10:57
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QUOTE (Manzily @ Thu, 20 Jun 2019 - 11:48) *
Actual issue is that although the NIOP states that responses can be emailed, when I did so I received a repply stating "Due to a recent process change we are no longer able to accept completed Notices of Intended Prosecution which are returned to us by email. You are therefore required to return the hard copy of your completed form by post."
Does this invalidate the NIP?


Does not invalidate the NIP. Whether the email reply constitutes a lawful requirement to provide the information by post is another matter, although as you do not seem inclined to do any more than drip feed us what you think might be important, I guess we'll never know.


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Andy

Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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NewJudge
post Thu, 20 Jun 2019 - 11:28
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QUOTE (Manzily @ Thu, 20 Jun 2019 - 11:48) *
Actual issue is that although the NIOP states that responses can be emailed, when I did so I received a repply stating "Due to a recent process change we are no longer able to accept completed Notices of Intended Prosecution which are returned to us by email. You are therefore required to return the hard copy of your completed form by post."
Does this invalidate the NIP?

No.

In any case the information you have been provided with (above) is actually misleading. You do not complete the NIP (which is simply a notice). You complete the S172 request for driver's details. Even more than that, IIRC there is no requirement to serve you with a NIP at all provided one has been served on the Registered Keeper.
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Manzily
post Thu, 20 Jun 2019 - 11:38
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Thanks and apologies for the drip-feeding. I've only just joined the site and have struggled making the posts.
The wizard didn't appear to give me the opportunity to include the details.
I even attempted to upload the NIP itself but failed in that endeavour also.
However, I thank you for your response which confirms my own thoughts but I'd harboured the vain hope that this might constitute an effective loophole on a technical basis.
In fact, I don't have the V5 as car is "owned" by leasing company and I'm assuming notice went to them originally, hence the 42 delay before NIP sent to us.
Not sure how I can obtain V5 details. If registered keeper is correct on V5 then possibly the 42 day delay invalidates it anyway! Seems a little shambolic in any event.
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Jlc
post Thu, 20 Jun 2019 - 11:49
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Only the 1st NIP has the 14 day requirement. If the first NIP was ‘late’ then it would give you a defence.

But the driver nomination is required regardless.


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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The Rookie
post Thu, 20 Jun 2019 - 12:05
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Read the FAQ for hosting, but don't if its just for the query you have.

A Notice is just that, it requires no reply, the fact it's on the same piece of paper as the S172 request (to name the driver) makes no difference to it, so even IF there was an error in the S172 request it doesn't invalidate the notice, bearing in mind what you have may be A NIP but its not THE relevant NIP which is the one sent to the registered keeper.

If the car is leased the RK may be a financing company, your notice may well be the third in the chain, no 'shambolic' needed.

They would struggle, if challenged, to prove an email reply was sufficient evidence as to driver ID, so while it may have seemed a good idea I suspect they decided it was actually a really bad one. Statute allows them to dictate a written reply and signed.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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