[NIP Wizard] NIP ISSUED 2 MONTHS LATE Options

[Bey40]

NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - August 2018
Date of the NIP: - 74 days after the offence
Date you received the NIP: - 80 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Birchwood Drive Kent
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Not known
If your are not the Registered Keeper, what is your relationship to the vehicle? -
How many current points do you have? - 3
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 received a NIP at least 2 months after the offence, I completed the s.172 and wrote a letter advising that I reject the NIP because of the 14 day time lapse. The Police recent wrote to me advising that they sent the NIP 2 days after however, my address details provided from the DVLA were incorrect.

Its important to note that I have received a NIP from the same location 2 weeks after the above offence within the 14 days. I have also received a NIP in may from the same police force in a different location.

The reason i'm so opposed to paying this one is because had I received it with the 14 days i would have not received the second one at the same location because I would have adjusted my speed accordingly. I thought the road was a 40 and not until I received the NIP was i aware that it was a 30.

I wish to contest this NIP, please can you advise whether it is worth it and what my next steps should be.

Thank you in advance.

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? - No
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: Sat, 24 Nov 2018 21:12:01 +0000

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[BaggieBoy]

You can't contest a NIP, it's just a notice. You either accept the fixed penalty/SAC or you take it to court.

How did DVLA have the incorrect address for you, did you move and not update the V5C?

[The Rookie]

Have you checked the V5c registration document, is the address correct?

[Logician]

Have you checked the V5c registration document, is the address correct?

This is the important issue, unless the V5C shows your full correct current address you have no case.

[peterguk]

Have you checked the V5c registration document, is the address correct?

This is the important issue, unless the V5C shows your full correct current address you have no case.

If the address on the V5C is 100% correct, tell us the DOC REF DATE at bottom of page two. And the date of offence.

[Bey40]

Thank you all for your replies. I haven't moved however, i just checked my V5c registration and my address is slightly incorrect on there as described by the police i am going to have to concede on this one!

[The Rookie]

You are..... that’s why we always encourage people to check first, and shoot later, hopefully they won’t be minded to take it further than than they otherwise would have done.