NIP Received - Help me! Options

[BigRed123]

Morning all,

I recently got a NIP notice from the police, however it doesnt state what speed i was doing in the offence section all it says is Excess Speed 70MPH.

i believe it was an unmarked police car that clocked me as i remember one being behind me for sometime when i was doing around 76mph.

The date was also wrong on the offence as it stated it happened on a day that does not exist. (wrong number for day)

Can anyone help? its the Excess Speed 70MPH i dont get, why not write the speed down?

Thanks
BigRed

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[BaggieBoy]

Can anyone help? its the Excess Speed 70MPH i dont get, why not write the speed down?

Because they don't have to. They have to state the alleged offence (which they have), the actual speed is only significant when determining the sentence.

However the incorrect date could be a angle you could use. What precisely is the date on the NIP? If it is indeed incorrect, then a bemused call to the force in question may see the notice cancelled.

[BigRed123]

Hi Baggie,

It states the incident occurred on Saturday 8th April... a day which does not exist?

Thanks
Sam

[peterguk]

What date did the offence occur on?

[BigRed123]

Saturday 7th April

[disgrunt]

Or was it Sunday 8th April?

Or perhaps it was on Saturday 8th April 2017.

I would sit on the Nip for a couple of weeks.

This post has been edited by disgrunt: Fri, 13 Apr 2018 - 09:44

[BigRed123]

and then reply saying no one was driving on this date? the notice also has the officers name as reference and his mobile... really odd or normal?

[Redivi]

The NIP has to specify the date that the alleged offence occurred
It's not the OP's responsibility to guess which date was intended and to correct the error

The OP wasn't stopped at the time and the whole point of an unmarked police car is that it isn't obvious
The speed isn't particularly memorable
It can't therefore be argued that the OP knows when the offence occurred and that he hasn't been misled - especially if it's a regular journey

I would wait for about three weeks before replying that the vehicle wasn't at the location on 8th April

It's then too late for the police to send a corrected NIP
Keep the original safe

[BigRed123]

thanks for your reply,

do i not have to respond within 14 days?

Thanks



This post has been edited by BigRed123: Fri, 13 Apr 2018 - 09:53

[peterguk]

thanks for your reply,

do i not have to respond within 14 days?

Thanks

No! Else you give them time to issue a corrected NIP.

[BigRed123]

thanks for your help,

so after the 14 days i need to send a letter back confirming no one was driving on this day? as i have a form to out asking who the driver was.

Ta

[The Rookie]

I would wait for about three weeks before replying that the vehicle wasn't at the location on 8th April

I'd agree ONLY if it wasn't, if it was also there on the 8th, then I'd query the conflict.

Its only necessary to sit on the NIP for another week, if the reply arrives with them next weekend its already too late for them to get a corrected NIP to you within the 14 days from the date of the alleged offence.

[BigRed123]

the driver wasnt on that road on the 8th.... only the 7th.

where does this put me?

[Redivi]

Write "See attached" on A COPY of the form and staple a brief letter to it

If it was parked :

The vehicle was not at the location on 8th April
At the time of the allegation it was parked at....

If it wasn't parked :

The driver of the vehicle at the time was .......
It was not, however, at the location on this date

Don't mention the 7th

Keep a copy of what you send and ask for a certificate of posting from the Post Office

This post has been edited by Redivi: Fri, 13 Apr 2018 - 11:06

[Jlc]

^ Put day of the week in too (like they have)

i believe it was an unmarked police car that clocked me as i remember one being behind me for sometime when i was doing around 76mph.

It would normally be at least 79mph before they pursue.

[The Rookie]

Which would be at least 81 or 82 on the speedo (upto about 85 depending on accuracy).

[kommando]

Keep a copy of what you send and ask for a certificate of posting from the Post Office

and use first class post, not second class.

[Kickaha]

Keep a copy of what you send and ask for a certificate of posting from the Post Office

and use first class post, not second class.

Not doubting this advice, but why?

[nosferatu1001]

First class should be delivered within 2 days. 2nd class has no expectation.

[andy_foster]

Off the top of my head, where applicable, second class is deemed served 5 days after posting (or possibly on the following working day if day 5 is not a working day), unless the contrary is proven.