PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

[NIP Wizard] NIP posted 54 days after an offence
astralseraph
post Wed, 3 Jun 2020 - 14:48
Post #1


New Member


Group: Members
Posts: 5
Joined: 20 May 2020
Member No.: 108,719



NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - March 2020
Date of the NIP: - 73 days after the offence
Date you received the NIP: - 74 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M1-4434A J30-J31 Northbound
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? - Named driver. My partner owns 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 - The NIP states that I was driving at 61mph where the variable speed limit was 50 mph.

My partner received the original NIP which was dated 14/05/2020 for the alleged offence that took place on 21/03/2020. The NIP was therefore posted by the police 54 days after the alleged offence.

My partner responded by completing the NIP naming myself as the driver along with a letter stating that the NIP is over the 14 day time limit and therefore cannot be acted upon. I have today received a NIP addressed to me and there has been no acknowledgement by the police to the letter sent by my partner.

I would like advice on how to respond to the NIP. I have copies of the original NIP so can demonstrate that it was sent outside of the 14 day time frame.


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, 03 Jun 2020 14:48:49 +0000
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 14)
Advertisement
post Wed, 3 Jun 2020 - 14:48
Post #


Advertise here!









Go to the top of the page
 
Quote Post
cp8759
post Wed, 3 Jun 2020 - 14:54
Post #2


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



Is it a leased vehicle? If not, does your partner physically have the V5C?


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
Go to the top of the page
 
+Quote Post
gilan02
post Wed, 3 Jun 2020 - 14:56
Post #3


Member


Group: Members
Posts: 233
Joined: 28 Jun 2011
Member No.: 47,856



Does your partner have the V5 for the car?
Go to the top of the page
 
+Quote Post
astralseraph
post Wed, 3 Jun 2020 - 14:57
Post #4


New Member


Group: Members
Posts: 5
Joined: 20 May 2020
Member No.: 108,719



The vehicle is owned by my partner, it is not a leased vehicle. Yes my partner has the V5C.

This post has been edited by astralseraph: Wed, 3 Jun 2020 - 14:57
Go to the top of the page
 
+Quote Post
gilan02
post Wed, 3 Jun 2020 - 15:00
Post #5


Member


Group: Members
Posts: 233
Joined: 28 Jun 2011
Member No.: 47,856



Is the car a recent purchase? have you moved house recently? What is the docref date on page 2 of the V5?
Go to the top of the page
 
+Quote Post
astralseraph
post Wed, 3 Jun 2020 - 15:02
Post #6


New Member


Group: Members
Posts: 5
Joined: 20 May 2020
Member No.: 108,719



My partner has owned the car for over 10 years. We changed address 2 years ago, but we updated the address details with the DVLA etc., immediately after moving house.
Go to the top of the page
 
+Quote Post
gilan02
post Wed, 3 Jun 2020 - 15:25
Post #7


Member


Group: Members
Posts: 233
Joined: 28 Jun 2011
Member No.: 47,856



And the docref date?
Go to the top of the page
 
+Quote Post
mdann52
post Wed, 3 Jun 2020 - 15:34
Post #8


Member


Group: Members
Posts: 272
Joined: 19 Aug 2016
Member No.: 86,499



QUOTE (astralseraph @ Wed, 3 Jun 2020 - 16:02) *
My partner has owned the car for over 10 years. We changed address 2 years ago, but we updated the address details with the DVLA etc., immediately after moving house.


Have you checked the logbook (V5C)? Updating driving licences doesn't update the V5C which is a common occurance we see on this forum hence why we like to double-check.
Go to the top of the page
 
+Quote Post
astralseraph
post Wed, 3 Jun 2020 - 15:44
Post #9


New Member


Group: Members
Posts: 5
Joined: 20 May 2020
Member No.: 108,719



Sorry, it's xxxxxxx

This post has been edited by astralseraph: Wed, 3 Jun 2020 - 15:47
Go to the top of the page
 
+Quote Post
Jlc
post Wed, 3 Jun 2020 - 15:45
Post #10


Member


Group: Members
Posts: 41,510
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



QUOTE (astralseraph @ Wed, 3 Jun 2020 - 15:48) *
I would like advice on how to respond to the NIP. I have copies of the original NIP so can demonstrate that it was sent outside of the 14 day time frame.

By confirming you were the driver - as that is the only question they ask. (And even if the NIP was 'late' the request still stands)

You need to be certain where the 1st NIP went - as it could be a costly experience at court if you're wrong. It would be highly unusual to issue a 1st NIP after 54 days.

QUOTE (astralseraph @ Wed, 3 Jun 2020 - 16:44) *
Sorry, it's 5xx9 5x9 2xx0

It's the date we need - in DD MM YY format.

Attached Image


This post has been edited by Jlc: Wed, 3 Jun 2020 - 15:46


--------------------
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.
Go to the top of the page
 
+Quote Post
astralseraph
post Wed, 3 Jun 2020 - 15:48
Post #11


New Member


Group: Members
Posts: 5
Joined: 20 May 2020
Member No.: 108,719



Just gotten to the bottom of it. Seems the log book hasn't been updated. Looks like I'll be going along to a driver awareness course...
Go to the top of the page
 
+Quote Post
Jlc
post Wed, 3 Jun 2020 - 16:01
Post #12


Member


Group: Members
Posts: 41,510
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



QUOTE (astralseraph @ Wed, 3 Jun 2020 - 16:48) *
Just gotten to the bottom of it. Seems the log book hasn't been updated. Looks like I'll be going along to a driver awareness course...

Ok, there's usually an explanation which is why it must be checked first...

The positive is that you have the opportunity to attend a course rather than performing a Statutory Declaration at court because you've been convicted in your absence... (As this often happens)

They appear to have performed some additional checks, e.g. insurance details.


--------------------
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.
Go to the top of the page
 
+Quote Post
The Rookie
post Wed, 3 Jun 2020 - 16:51
Post #13


Member


Group: Members
Posts: 56,198
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



QUOTE (astralseraph @ Wed, 3 Jun 2020 - 16:48) *
Just gotten to the bottom of it. Seems the log book hasn't been updated. Looks like I'll be going along to a driver awareness course...

And that’s why we always ask..... and we are used to posters getting a bit defensive until they then find out....

Check the tax is up to date as well as you (she) won’t have been getting reminders and any penalty will have been sent to your old address.

Just for completeness, failing to update the registered keepers address is a separate criminal offence although one that is rarely prosecuted.


--------------------
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
Go to the top of the page
 
+Quote Post
IanJohnsonWS14
post Sun, 7 Jun 2020 - 07:47
Post #14


Member


Group: Members
Posts: 480
Joined: 2 Aug 2005
Member No.: 3,508



There are still late nips, there is a recent thread on PistonHeads about one.


--------------------
Speeding tickets, like lottery tickets, are a voluntary tax. You don't have to get them.
Go to the top of the page
 
+Quote Post
Jlc
post Sun, 7 Jun 2020 - 08:44
Post #15


Member


Group: Members
Posts: 41,510
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



QUOTE (IanJohnsonWS14 @ Sun, 7 Jun 2020 - 08:47) *
There are still late nips, there is a recent thread on PistonHeads about one.

There's a recent one on here too.

Albeit a subtle one as posted on day 13.

This post has been edited by Jlc: Sun, 7 Jun 2020 - 08:44


--------------------
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.
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Friday, 29th March 2024 - 10:15
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here