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nip recieved outside 14 days
michael2004
post Mon, 15 Oct 2018 - 18:56
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i have received an nip dated 12/10/18 for a speeding violation caught by a manned van on 19/08/18 which is out side the 14 days stated by law it does not say its a reminder plus it was sent 1st class ive retained the envelope can i have this action stopped with it being outside the 14 days and how would i go about doing this. the car is registered in my nam and at this address ty in advance michael
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post Mon, 15 Oct 2018 - 18:56
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Steve_999
post Mon, 15 Oct 2018 - 18:59
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Is the car on a lease, or a company vehicle? Do you have possession of the V5 (log book) and, if so, are your details such as address up to date and correct?
The 14-day rule applies to the first NIP to the registered keeper only.
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michael2004
post Mon, 15 Oct 2018 - 19:01
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yes its my car registered to this address on the v5 log book
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AntonyMMM
post Mon, 15 Oct 2018 - 19:08
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That will not be the first NIP - if you are the RK, and were at the time of the offence then one has gone missing somewhere. Is the address exactly right on the V5C - when did you become the RK ?

If a first NIP was sent in time then it will be presumed delivered - you would have to go to court to rebut that presumption (with no guarantee of success).

Might be best to start with a phone call to establish that a first NIP was sent, and where to - then at least you will know what the full position is and can decide on the best course of action.

This post has been edited by AntonyMMM: Mon, 15 Oct 2018 - 19:09
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michael2004
post Mon, 15 Oct 2018 - 19:13
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yes the address is correct on the v5 log book the nip does not say reminder or final reminder i will ring them tomorrow if you think that is the best course of action?
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AntonyMMM
post Mon, 15 Oct 2018 - 19:15
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It is quite normal for reminders not be marked as such - a phone call won't do any harm, and in the extremely unlikely scenario that is is a late issued NIP may get the process stopped .

This post has been edited by AntonyMMM: Mon, 15 Oct 2018 - 19:16
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Jlc
post Mon, 15 Oct 2018 - 19:16
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What's the documentation reference date at the bottom of page 2 in DD MM YY format?


--------------------
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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michael2004
post Mon, 15 Oct 2018 - 19:21
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there isnt one


only date on top right of letter dated 12/10/18
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The Rookie
post Mon, 15 Oct 2018 - 19:22
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on the V5c not the NIP!


--------------------
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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Jlc
post Mon, 15 Oct 2018 - 19:23
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QUOTE (michael2004 @ Mon, 15 Oct 2018 - 20:21) *
there isnt one


only date on top right of letter dated 12/10/18

Looks like this:

[attachment=58787:v5.PNG]

QUOTE (The Rookie @ Mon, 15 Oct 2018 - 20:22) *
on the V5c not the NIP!

Yarp, I should have been clearer... biggrin.gif


--------------------
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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michael2004
post Mon, 15 Oct 2018 - 19:29
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29/1/16
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Jlc
post Mon, 15 Oct 2018 - 19:30
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QUOTE (michael2004 @ Mon, 15 Oct 2018 - 20:29) *
29/1/16

Ok, if the Police can evidence they sent the first NIP in time (for the 14 days) then you simply have to show it wasn't delivered.

David Beckham's arrived but 1 day late and they could prove that.

This post has been edited by Jlc: Mon, 15 Oct 2018 - 19:31


--------------------
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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michael2004
post Mon, 15 Oct 2018 - 19:33
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how can i prove that lol?
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Jlc
post Mon, 15 Oct 2018 - 19:37
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QUOTE (michael2004 @ Mon, 15 Oct 2018 - 20:33) *
how can i prove that lol?

That's the problem. It's for you to rebut the presumption of delivery.

Do you have any history of post issues?


--------------------
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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michael2004
post Mon, 15 Oct 2018 - 19:39
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no never any issues ill ring the number tomorrow and come back with what they say ill let you know the outcome many thanks for the replys
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Jlc
post Mon, 15 Oct 2018 - 19:51
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QUOTE (michael2004 @ Mon, 15 Oct 2018 - 20:39) *
no never any issues ill ring the number tomorrow and come back with what they say ill let you know the outcome many thanks for the replys

Ok, simply act bemused why the 1st NIP took so long.


--------------------
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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