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[NIP Wizard] Nip received but at wrong address
Criss25061
post Wed, 13 Feb 2019 - 13:08
Post #1


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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - October 2018
Date of the NIP: - 103 days after the offence
Date you received the NIP: - 104 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Warwickshire court
Was the NIP addressed to you? - Yes
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? -
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 moved address April 2018 and updated my driving licence in September 2018 online. Once I had the new driving licence returned, I then had to send back my old licence cut in half. At this point I sent off my log book in the the same envelope as my old driving licence so that they could update the address.

As I didn’t hear anything for a couple weeks, I chased DVLA and was told the log book could take up to 4 weeks to arrive. This was back in September and since then I completely forgot about it (having first child born sort of took my mind off it).

Anyway in October 2018, I received a parking ticket for parking on double yellow lines, this was given to me by a CSO. The notice said I’d receive a letter confirming details/fine.

A few weeks/months went by and I had no letter, I just thought they had forgot or just let me off. However , over the weekend 9 February 2019 my brother at my old address, had opened a piece of my post by mistake (my middle name and his first name are the same) and it included the court summons for failing to provide driver information.

Therefore I never received the first letter(s) which they sent and neither did my parents receive them at my old address. I called the DVLA and they confirmed that they hadn’t received my logbook and that’s why the address wasn’t ever updated.

I have now pleaded not guilty to the failing to provide information as I never received any other letters and from reading topics on here I’m now presumably going to have to go to court.

I’m just a bit worried as what I can do or say, I know they hear the excuse that the first letter wasn’t ever received, but I actually never received any letters.

The parking fine was £30 as so case handler informed me when I queried the NIP, however my court hearing is for failing to give the driver information.

Any help on this would be great, so then I can go to court better prepared.

Regarding logbook; I’ve spoken to dvla who have said I need to complete a v62 and pay a £25 fee for a replacement even though it was them who lost my logbook.


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? - 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? - 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 13:08:11 +0000
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post Wed, 13 Feb 2019 - 13:08
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The Rookie
post Wed, 20 Mar 2019 - 20:06
Post #21


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Group: Members
Posts: 56,194
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



Have you formally requested a reopening under S142? An appeal for a lost plea is madness, a complete waste of time and resources.


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