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[NIP Wizard] Exceeded 14 day time period
Luke87
post Wed, 7 Mar 2018 - 20:54
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - February 2018
Date of the NIP: - 27 days after the offence
Date you received the NIP: - 28 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M3 Junction 3-4, CAMBERLEY, UNITED KINGDOM
Was the NIP addressed to you? - No
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? - only driver - Company 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 - Speed 51mph on the M3 motorway. 40mph speed limit was in place via variable speed limit overhead electronic signs.

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? - No
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, 07 Mar 2018 20:54:19 +0000

This post has been edited by Luke87: Wed, 7 Mar 2018 - 20:55
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post Wed, 7 Mar 2018 - 20:54
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The Rookie
post Wed, 7 Mar 2018 - 21:01
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The 14 days applies to the NIP to the driver OR the registered keeper, clearly the first NIP will have either gone to your company or whoever provides the cars for them.

Did you have any other question?

This post has been edited by The Rookie: Wed, 7 Mar 2018 - 21:01


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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!

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Kickaha
post Wed, 7 Mar 2018 - 21:02
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The 14 days applies (with a few exceptions) to the first NIP to the registered keeper. As this is a company car this may be the company, or may be a finance/lease company.

Who is the NIP addressed to?

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Logician
post Wed, 7 Mar 2018 - 21:40
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That is just within the range where you will probably be offered the option of a course, provided you have not done one for an offence within the last three years. Failing that, a fixed penalty of £100 + 3 points.


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Luke87
post Thu, 8 Mar 2018 - 11:32
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QUOTE (Kickaha @ Wed, 7 Mar 2018 - 21:02) *
The 14 days applies (with a few exceptions) to the first NIP to the registered keeper. As this is a company car this may be the company, or may be a finance/lease company.

Who is the NIP addressed to?



So I've had confirmation that the registered keeper is my company and the first NIP that was received by them was dated 05/03/18 - a full 27 days after the offence took place. Because they are the registered keeper, the NIP would have gone straight to them and not the lease/finance company wouldn't it? Which makes this massively outside of the 14 days.

The NIP is addressed to my company, who have replied with my details as I am the driver and forwarded the NIP on to me.

Thanks

This post has been edited by Luke87: Thu, 8 Mar 2018 - 11:33
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peterguk
post Thu, 8 Mar 2018 - 11:46
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QUOTE (Luke87 @ Thu, 8 Mar 2018 - 11:32) *
QUOTE (Kickaha @ Wed, 7 Mar 2018 - 21:02) *
The 14 days applies (with a few exceptions) to the first NIP to the registered keeper. As this is a company car this may be the company, or may be a finance/lease company.

Who is the NIP addressed to?



So I've had confirmation that the registered keeper is my company and the first NIP that was received by them was dated 05/03/18 - a full 27 days after the offence took place. Because they are the registered keeper, the NIP would have gone straight to them and not the lease/finance company wouldn't it? Which makes this massively outside of the 14 days.

The NIP is addressed to my company, who have replied with my details as I am the driver and forwarded the NIP on to me.

Thanks


I suggest you get sight of the V5C. It is almost unheard of for a NIP to be sent out of time.

Your company should have returned the NIP after naming you, not forwarded it onto you.

This post has been edited by peterguk: Thu, 8 Mar 2018 - 11:46


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NeverMind
post Thu, 8 Mar 2018 - 11:47
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I would be asking to see a copy of the v5c to be sure.

How old is the car?
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Luke87
post Thu, 8 Mar 2018 - 11:51
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QUOTE (peterguk @ Thu, 8 Mar 2018 - 11:46) *
QUOTE (Luke87 @ Thu, 8 Mar 2018 - 11:32) *
QUOTE (Kickaha @ Wed, 7 Mar 2018 - 21:02) *
The 14 days applies (with a few exceptions) to the first NIP to the registered keeper. As this is a company car this may be the company, or may be a finance/lease company.

Who is the NIP addressed to?



So I've had confirmation that the registered keeper is my company and the first NIP that was received by them was dated 05/03/18 - a full 27 days after the offence took place. Because they are the registered keeper, the NIP would have gone straight to them and not the lease/finance company wouldn't it? Which makes this massively outside of the 14 days.

The NIP is addressed to my company, who have replied with my details as I am the driver and forwarded the NIP on to me.

Thanks


I suggest you get sight of the V5C. It is almost unheard of for a NIP to be sent out of time.

Your company should have returned the NIP after naming you, not forwarded it onto you.



They returned NIP giving my details but forwarded me a copy of it.

I'll ask to see a copy of the V5C - if they have this does that mean that its almost certain that there were no copies sent to anyone else first?

It is a nearly 3 year old vehicle.
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Jlc
post Thu, 8 Mar 2018 - 11:56
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QUOTE (Luke87 @ Thu, 8 Mar 2018 - 11:51) *
I'll ask to see a copy of the V5C - if they have this does that mean that its almost certain that there were no copies sent to anyone else first?

If they have the v5 and all particulars are correct then you have the makings of a defence. (But the driver needs naming regardless when you receive you own s172)

Some forces do send reminders and do not necessarily state so either. Even if this is so then it doesn't provide a guaranteed defence as the burden is on the recipient to show that the mail did not arrive - assuming the 1st NIP was issued correctly.

I'd still be surprised if the company actually are in possession of the v5 but let's confirm before you shoot yourself in the foot big time.


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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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