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[NIP Wizard] NIP for Driving without due care and attention assistance
GingerSimba
post Fri, 23 Aug 2019 - 18:29
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - August 2019
Date of the NIP: - 5 days after the offence
Date you received the NIP: - 6 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Skimped Hill Lane, Bracknell, Berkshire
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? -
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 - I have been racking my brain for the last 2 hours to think about why this has been sent and genuinely cant pinpoint why.

I drive on this road on the way to work. The NIP states I was driving on this road at 8:11am, however I usually get to work at 8:20am, sometimes later depending on traffic. It's at least 20 minutes from this road to my place of work.

Will the constabulary provide information at this stage to detail the nature of the offence?


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? - 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: Fri, 23 Aug 2019 18:29:30 +0000
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post Fri, 23 Aug 2019 - 18:29
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Logician
post Fri, 23 Aug 2019 - 19:06
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You are only being asked at this stage to name the driver. Is there actually any doubt that it was you? It does not seem impossible that on the day in question, you got to work at 8.31 as you are sometimes late.

If you ring the police they may tell you what this is all about.


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Jlc
post Fri, 23 Aug 2019 - 19:39
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QUOTE (GingerSimba @ Fri, 23 Aug 2019 - 19:29) *
The NIP states I was driving on this road at 8:11am

No it doesn't. It states the vehicle was (allegedly) there - they are now asking for the driver to be nominated.

As this is likely to be a member of the public reporting the time may not be 'exact' - 10 minutes here or there isn't going to be fatal.

Due care/attention can be a number of things - perhaps not giving way, tailgating, undertaking etc.


--------------------
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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GingerSimba
post Fri, 23 Aug 2019 - 19:56
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Thanks for the responses. I don't doubt that I was driving at the time specified, nor do I doubt that I was on the road mentioned at some point that morning as it's my usual route to work.

The time quoted threw me off because from that point it's a minimum of 20 minutes (with no traffic similar to at 6am/9pm rather than during rushour - I work in Reading so this is more likely to be 30+ minutes at 8.11am to my place of work which wouldn't match up with my daily text to the other half to say I arrived safely - I've checked and I sent a message to say I arrived at that day, sent at 8.21am)

I understand that this may be an estimated number but 8:11am is very precise.

Anyway I've still not got any idea why this would have come through, however I'll call the police to clarify in the morning.

Thanks for the feedback.
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Jlc
post Fri, 23 Aug 2019 - 20:14
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Could be a number of reasons for the time - perhaps the other person had DashCam with an incorrect set time. Perhaps their watch was out or they looked at the time sometime afterwards or just guessed...

Try giving them a call but they may not say too much until the driver is confirmed.


--------------------
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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henrik777
post Fri, 23 Aug 2019 - 20:26
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You could check google maps timeline (or similar depending on phone etc).
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GingerSimba
post Sat, 24 Aug 2019 - 08:41
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So spoke with them this morning. They said they cant disclose what the allegation is but that someone has reported the vehicle either online or in a police station.

They asked if I was driving on that road at the time specified which I advised in my previous posts - they suggested I fill in section a to state I was the driver but also put that I wasnt there at that specific time.
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cp8759
post Sat, 24 Aug 2019 - 17:41
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QUOTE (GingerSimba @ Sat, 24 Aug 2019 - 09:41) *
So spoke with them this morning. They said they cant disclose what the allegation is but that someone has reported the vehicle either online or in a police station.

They asked if I was driving on that road at the time specified which I advised in my previous posts - they suggested I fill in section a to state I was the driver but also put that I wasnt there at that specific time.

Well obviously they can disclose the allegation if they want to (who's stopping them?) but they don't have to. To be honest I'd suggest you just name yourself, realistically to have accepted a report from a member of the public odds are there's a daschcam video and a few minutes either way are not going to make much difference. Indeed, if you're the only person who could have been driving, it's hard to see what difference it could make at all.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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