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[NIP Wizard] Notice of intention to prosecute - How to respond
Hudl
post Fri, 14 Feb 2020 - 12:05
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - January 2020
Date of the NIP: - 32 days after the offence
Date you received the NIP: - 35 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M602 WESTBOUND, JUNCTION 1 APPROACH
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 - Having received this letter today, I honestly have no recollection of driving my car on the 10th January, especially at 15:39. I was studying for important exams during that period of time so I have tried to look at text messages from friends and emails to recollect what I was doing around this time and all the evidence seems to be coming back that I was at home studying. So unless they officers have inputted the wrong date or time for the offence I can not admit to being the driver of the vehicle at the date and time mentioned. I have other people who drive my vehicle at times (although rarely) and I have asked them all to which they have all denied too.

I don't know what to do now though in regards to how I should respond to the NIP.


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? - No
Was there a valid reason for the NIP's late arrival? - Unsure
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? - No
Do you know who was driving? - Unsure

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: Fri, 14 Feb 2020 12:05:48 +0000
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post Fri, 14 Feb 2020 - 12:05
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Hudl
post Fri, 14 Feb 2020 - 19:34
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My feeling from all of this is that the video might indeed have shown my car driving on the hard shoulder by me or someone else but NOT on that date at that time. My feeling is that the confusion lies in the date of when the alleged contravention I am meant to be admitting too is so I can not say in good faith that it was me driving the car on that date during that time. I wish I had CCTV near mine. Ill check to see if the neighbours do.

Ill also contact tomorrow to ask them to double check the plate number on the video just to eliminate the option of it being another car, although I think this is unlikely.

This post has been edited by Hudl: Fri, 14 Feb 2020 - 19:35
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Logician
post Sat, 15 Feb 2020 - 00:29
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Ask them to check the date as well as the plate.


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TheDisapprovingB...
post Sat, 15 Feb 2020 - 19:15
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QUOTE (Logician @ Fri, 14 Feb 2020 - 17:18) *
A misread plate is the most likely reason, particularly if it was a third party video, ask them to re-check the number as you do not believe it was your car.



OP has admitted that he has on multiple occasions used the hard shoulder to pass queuing traffic, and indeed was caught doing so the very day before receiving the NIP. It seems to me that the most likely explainations are that OP is mistaken about his whereabouts that day or (if he's lucky) the date on the dash cam is incorrect.

This post has been edited by TheDisapprovingBrit: Sat, 15 Feb 2020 - 19:16
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Hudl
post Mon, 17 Feb 2020 - 10:55
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QUOTE (Logician @ Fri, 14 Feb 2020 - 17:18) *
A misread plate is the most likely reason, particularly if it was a third party video, ask them to re-check the number as you do not believe it was your car.


I have a feeling it was my car and therefore possibly me, but not at that date or time.


Im stuck on what to do, I'm running out of time to respond.

QUOTE (TheDisapprovingBrit @ Sat, 15 Feb 2020 - 19:15) *
QUOTE (Logician @ Fri, 14 Feb 2020 - 17:18) *
A misread plate is the most likely reason, particularly if it was a third party video, ask them to re-check the number as you do not believe it was your car.



OP has admitted that he has on multiple occasions used the hard shoulder to pass queuing traffic, and indeed was caught doing so the very day before receiving the NIP. It seems to me that the most likely explainations are that OP is mistaken about his whereabouts that day or (if he's lucky) the date on the dash cam is incorrect.


Exactly right but I'm 100% sure about the date. The date is wrong, so I can't without reasonable doubt say it was me in court for that time and date.
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Logician
post Mon, 17 Feb 2020 - 12:29
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QUOTE (Hudl @ Mon, 17 Feb 2020 - 10:55) *
QUOTE (Logician @ Fri, 14 Feb 2020 - 17:18) *
A misread plate is the most likely reason, particularly if it was a third party video, ask them to re-check the number as you do not believe it was your car.
I have a feeling it was my car and therefore possibly me, but not at that date or time. Im stuck on what to do, I'm running out of time to respond.
QUOTE (TheDisapprovingBrit @ Sat, 15 Feb 2020 - 19:15) *
QUOTE (Logician @ Fri, 14 Feb 2020 - 17:18) *
A misread plate is the most likely reason, particularly if it was a third party video, ask them to re-check the number as you do not believe it was your car.
OP has admitted that he has on multiple occasions used the hard shoulder to pass queuing traffic, and indeed was caught doing so the very day before receiving the NIP. It seems to me that the most likely explainations are that OP is mistaken about his whereabouts that day or (if he's lucky) the date on the dash cam is incorrect.
Exactly right but I'm 100% sure about the date. The date is wrong, so I can't without reasonable doubt say it was me in court for that time and date.


You are only being asked about a particular date and time, so you can either (a) ask them to check the date, or (b) simply reply that at that date and time the car was under your control and was at a different location, and you have evidence of that (If that is correct)

You are certainly under no obligation to suggest that you committed the offence on a different occasion.



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Hudl
post Mon, 17 Feb 2020 - 14:17
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Thanks I just sent another email to ask them to double check the vehicle registration, date and time for the contravention in question. I'll keep you updated on the reply.
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nosferatu1001
post Mon, 17 Feb 2020 - 14:28
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Just remember - you MUSt prvide an *unambiguous* response to the S172 notice inside the deadline of 28 days; sending an email does not pause or extend this deadline in anyway, unless you are explicitly told it does.

If you receive nothing then, if you are certain of your facts, the only response you can give is that on date x, time y NOONE was driving the car with VRM ABC123.
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Hudl
post Thu, 20 Feb 2020 - 20:06
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QUOTE (nosferatu1001 @ Mon, 17 Feb 2020 - 14:28) *
Just remember - you MUSt prvide an *unambiguous* response to the S172 notice inside the deadline of 28 days; sending an email does not pause or extend this deadline in anyway, unless you are explicitly told it does.

If you receive nothing then, if you are certain of your facts, the only response you can give is that on date x, time y NOONE was driving the car with VRM ABC123.


They replied to my email saying "I will forward a copy of your email to Op Considerate and ask them to make further enquries"


For the record, I emailed them to double check the number plate, date and time of the contravention.
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