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[NIP Wizard] NIdriver2
NIdriver2
post Mon, 22 Feb 2021 - 20:50
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: -
Date of the NIP: -
Date you received the NIP: -
Location of offence (exact location as it appears on the NIP: important): -
Was the NIP addressed to you? -
Was the NIP sent by first class post, second class or recorded delivery? -
If your are not the Registered Keeper, what is your relationship to the vehicle? -
How many current points do you have? -
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 -

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? - NI

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, 22 Feb 2021 20:48:06 +0000

I receive a NIP in the post when I was flashed by a speed camera in Northern Ireland.

I am normally living in Scotland with a GB licence. Should I name myself and address and leave it unsigned?
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post Mon, 22 Feb 2021 - 20:50
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southpaw82
post Mon, 22 Feb 2021 - 21:25
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Probably not. The law in NI isn’t the same as Scotland AFAIK.


--------------------
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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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The Rookie
post Tue, 23 Feb 2021 - 09:01
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The NIP wizard will complete properly if you answer the additional questions as well.

As SP alludes to, it's not where you live that matters it's where any offence would be committed and in this case a potential S172 offence would be committed in NI if your reply wasn't compliant with the legislation.

My understanding is that the case law that requires a signature would not automatically apply in NI, however NI is far more likely to follow the direction defined for English law than Scotland would be (they sometimes appear to be almost deliberately contrary) and as such going unsigned would be a bigger risk.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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notmeatloaf
post Tue, 23 Feb 2021 - 09:15
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QUOTE (The Rookie @ Tue, 23 Feb 2021 - 09:01) *
however NI is far more likely to follow the direction defined for English law than Scotland would be (they sometimes appear to be almost deliberately contrary)

Eight weeks ago maybe.


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cp8759
post Tue, 23 Feb 2021 - 09:28
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As above, NI law mostly mirrors English law in most respects, so it would be somewhat surprising if the outcome wasn't the same.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament.
No, I am not a lawyer. I do not charge any fees, please stop asking me what my fees are.
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NIdriver2
post Tue, 23 Feb 2021 - 14:47
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QUOTE (notmeatloaf @ Tue, 23 Feb 2021 - 09:15) *
QUOTE (The Rookie @ Tue, 23 Feb 2021 - 09:01) *
however NI is far more likely to follow the direction defined for English law than Scotland would be (they sometimes appear to be almost deliberately contrary)

Eight weeks ago maybe.



What do you mean "8 weeks ago"?
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BaggieBoy
post Tue, 23 Feb 2021 - 14:57
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Brexit related I suspect...
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TryOut
post Tue, 23 Feb 2021 - 15:55
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QUOTE (The Rookie @ Tue, 23 Feb 2021 - 09:01) *
The NIP wizard will complete properly if you answer the additional questions as well.

As SP alludes to, it's not where you live that matters it's where any offence would be committed and in this case a potential S172 offence would be committed in NI if your reply wasn't compliant with the legislation.

My understanding is that the case law that requires a signature would not automatically apply in NI, however NI is far more likely to follow the direction defined for English law than Scotland would be (they sometimes appear to be almost deliberately contrary) and as such going unsigned would be a bigger risk.

No s172 in NI, our RTA doesn’t apply there and theirs doesn’t apply here either.
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