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NIP but don't recall the alleged event
springbok
post Mon, 24 Sep 2018 - 12:24
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My apologies if this has been dealt with in another thread. I did take a look but couldn't find anything particularly relevant.

NIP arrived in post alleging 40mph in a 30mph area specifying date and time. I don't recall this (not that I would have to, you might say), but doubt it took place as alleged. There's little doubt that I would have been driving at he time mentioned, so that's not in question. Any pertinent advice would be welcomed as to what the next step should be.
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post Mon, 24 Sep 2018 - 12:24
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Jlc
post Mon, 24 Sep 2018 - 12:28
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Well it's quite handy that they are only asking for who was driving at the time...

However, usual advice is to first ask for a photo to assist in the identification of the driver - they usually supply.

It is far more likely you were speeding. What's the location?


--------------------
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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springbok
post Mon, 24 Sep 2018 - 12:32
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2018
Date of the NIP: - 9 days after the offence
Date you received the NIP: - 11 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A167 Stamfordham Road, between A1 and Silver Lonnen junction, Newcastle upon Tyne, United Kingdom
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? - 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 do not recall the alleged event. I am sure, if it did happen, I would have been the driver. I doubt I was doing the speed alleged in the area specified and - if I was - the manned camera may have even been hardly visible.

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: Mon, 24 Sep 2018 12:32:39 +0000
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springbok
post Mon, 24 Sep 2018 - 12:32
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2018
Date of the NIP: - 9 days after the offence
Date you received the NIP: - 11 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A167 Stamfordham Road, between A1 and Silver Lonnen junction, Newcastle upon Tyne, United Kingdom
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? - 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 do not recall the alleged event. I am sure, if it did happen, I would have been the driver. I doubt I was doing the speed alleged in the area specified and - if I was - the manned camera may have even been hardly visible.

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
- England

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:

Generated by the PePiPoo NIP Wizard v3.3.2: Mon, 24 Sep 2018 12:32:41 +0000
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springbok
post Mon, 24 Sep 2018 - 12:53
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Thanks for that. I suppose that would be in a separate letter without supplying the S172, right?
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Jlc
post Mon, 24 Sep 2018 - 12:56
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QUOTE (springbok @ Mon, 24 Sep 2018 - 13:53) *
Thanks for that. I suppose that would be in a separate letter without supplying the S172, right?

Yes, do not reply to the s172 as you wouldn't be asking for a photo's to assist...

The 28 days to respond does not stop though.

Looking at the location, I can understand why some may think it's a higher limit than 30. (But the streetlighting makes it a restricted road of 30mph)


--------------------
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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springbok
post Mon, 1 Oct 2018 - 10:15
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Yes exactly. I intend to make this clear as some point as well. In terms of the request for a photo should this be done in writing by snail mail?
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Jlc
post Mon, 1 Oct 2018 - 10:26
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QUOTE (springbok @ Mon, 1 Oct 2018 - 11:15) *
Yes exactly. I intend to make this clear as some point as well.

If you mean the limit (streetlighting), it doesn't give you a defence.

QUOTE (springbok @ Mon, 1 Oct 2018 - 11:15) *
In terms of the request for a photo should this be done in writing by snail mail?

Usually post or you could ring them and ask.


--------------------
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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PaulR986
post Tue, 2 Oct 2018 - 12:48
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Member No.: 60,578



.
" I doubt I was doing the speed alleged in the area specified and - if I was - the manned camera may have even been hardly visible."

That is more or less an admission of guilt. "If I was......." implies it was unfair because you couldn't see a speed camera - no defence at all.

Speed is an absolute offence so "if I was" implies you admit that you may have been speeding.
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