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City of London NIP after 14 days!
Zwypl
post Sun, 10 Mar 2019 - 20:50
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Hello,

Please see attached.

A friend (new driver) needs help, he says there were no signs of speed limit (20 mph) and he has already 3 points so he cant afford to get another 3!

If you see the date of the NIP is 28/2/19 and the alleged offence is 11/2/19!

Does he still need to name the driver or what should he respond?

Thanks.
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post Sun, 10 Mar 2019 - 20:50
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cp8759
post Sun, 10 Mar 2019 - 20:59
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Here are the signs: https://www.google.co.uk/maps/@51.5089464,-...6384!8i8192

There's numerous repeater roundels painted on the road.

He needs to answer the section 172 request no matter what, or he risks 6 points and a large fine for failing to reply. This applies regardless of whether the NIP is late or not.

Quite aside from that, is he the registered keeper? As in does he have a V5C in his name? If yes, he might have a defence to speeding (but he still needs to reply identifying himself as the driver), but to be honest it's far more likely that the V5C is held by a car club, finance company, lease company or similar and the first NIP went to them. The 14 day rule does not apply to any NIP apart from the first one, which is issued to whoever holds the V5C.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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squaredeal
post Sun, 10 Mar 2019 - 22:10
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An NSAC20 course will be offered for 28 in a 20; this means your friend will not receive any points, but it will cost him for the course instead.
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thisisntme
post Mon, 11 Mar 2019 - 01:31
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Is your 'friend' a new driver under the law? Had their licence for less than two years? If so they should not delay sending their details in irrespective of 14 days applying or not.

You appear to have an awful lot of friends who speed and come to you for advice.


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The Rookie
post Mon, 11 Mar 2019 - 04:07
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Can you complete the NIP wizard and have the output added to this thread please, link top right or in the 'READ THIS FIRST BEFORE POSTING' sticky.

If your friend believes he's the registered keeper then the following questions should be asked
1/ Do you have the V5c registration document and are the name and address correct
2/ At the bottom of page 2 is a DocRef with a date, that's the date the DVLA last updated the records, does this postdate the date of the alleged offence (due to a change of address or it's recently purchased).
3/ Its not a Company car, lease car, Hire car or on finance where the finance company is the registered keeper?


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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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Council PCN's
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Rookies 1-0 Birmingham

PPC PCN's
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Zwypl
post Mon, 11 Mar 2019 - 15:39
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Ah.. you were right. I asked and it was indeed a rented car. So the 14 days is no defence.

Now: he has a license for less than two years and has had a course already around 6 months ago for driving 36 instead of 30. What are the consequences of him providing the information now on a 28 instead of 20?
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peterguk
post Mon, 11 Mar 2019 - 15:42
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QUOTE (Zwypl @ Mon, 11 Mar 2019 - 15:39) *
Ah.. you were right. I asked and it was indeed a rented car. So the 14 days is no defence.

Now: he has a license for less than two years and has had a course already around 6 months ago for driving 36 instead of 30. What are the consequences of him providing the information now on a 28 instead of 20?


AFAIK, the 20mph course is different to the course he attended.

This post has been edited by peterguk: Mon, 11 Mar 2019 - 15:44


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Zwypl
post Mon, 11 Mar 2019 - 16:59
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QUOTE (peterguk @ Mon, 11 Mar 2019 - 15:42) *
QUOTE (Zwypl @ Mon, 11 Mar 2019 - 15:39) *
Ah.. you were right. I asked and it was indeed a rented car. So the 14 days is no defence.

Now: he has a license for less than two years and has had a course already around 6 months ago for driving 36 instead of 30. What are the consequences of him providing the information now on a 28 instead of 20?


AFAIK, the 20mph course is different to the course he attended.


Will he be offered a course or points?
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Jlc
post Mon, 11 Mar 2019 - 17:02
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Should be a course but nothing will be offered until the driver is confirmed.


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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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Zwypl
post Tue, 19 Mar 2019 - 00:14
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See attached letter (sorry for poor quality).

He gave in his name as required and was not offered the course, see above his previous course was for 36 on a 30! Poor fellow anything he can do to ask for a course instead of points?

BTW: he says it was dark and signs were not visible.
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peterguk
post Tue, 19 Mar 2019 - 00:18
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He has no entitlement to a course, but can, if he wishes, call the police and ask why he was not offered one.

He says signs were not visible? Specsavers might be able to assist him!


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Zwypl
post Tue, 19 Mar 2019 - 11:24
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QUOTE (peterguk @ Tue, 19 Mar 2019 - 00:18) *
He has no entitlement to a course, but can, if he wishes, call the police and ask why he was not offered one.

You previously wrote: AFAIK, the 20mph course is different to the course he attended., so why are you now certain that he is not eligible?


He says signs were not visible? Specsavers might be able to assist him!

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BaggieBoy
post Tue, 19 Mar 2019 - 11:34
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No one is "entitled" to a course, the Police can offer one or not, it's their choice. The reason for not may have nothing to do with the driver, it could be down to having no space available for the next few months.
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cp8759
post Tue, 19 Mar 2019 - 14:22
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It can't hurt to call the police and ask why he's not eligible.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Zwypl
post Tue, 19 Mar 2019 - 14:35
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QUOTE (cp8759 @ Tue, 19 Mar 2019 - 14:22) *
It can't hurt to call the police and ask why he's not eligible.

They don't say their telephone number anywhere?
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peterguk
post Tue, 19 Mar 2019 - 14:37
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QUOTE (Zwypl @ Tue, 19 Mar 2019 - 14:35) *
QUOTE (cp8759 @ Tue, 19 Mar 2019 - 14:22) *
It can't hurt to call the police and ask why he's not eligible.

They don't say their telephone number anywhere?


Google? Or email if there's an email address?


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cp8759
post Tue, 19 Mar 2019 - 14:39
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Their switchboard should be 020 7601 2222


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Zwypl
post Wed, 20 Mar 2019 - 15:44
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QUOTE (cp8759 @ Tue, 19 Mar 2019 - 14:39) *
Their switchboard should be 020 7601 2222


They told him that it is the same course for 36 on a 30 road than for 28 on a 20 road. If I could please have anything to prove them wrong, I could write an email.
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peterguk
post Wed, 20 Mar 2019 - 16:28
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QUOTE (Zwypl @ Wed, 20 Mar 2019 - 15:44) *
QUOTE (cp8759 @ Tue, 19 Mar 2019 - 14:39) *
Their switchboard should be 020 7601 2222


They told him that it is the same course for 36 on a 30 road than for 28 on a 20 road. If I could please have anything to prove them wrong, I could write an email.


If that's City of London's policy, then so be it. CoFP it is. As said before, there is no entitlement to any course.


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