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[NIP Wizard] One offence 2 NIP’s 2 different dates
Mik153
post Thu, 19 Sep 2019 - 18:42
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - July 2019
Date of the NIP: - 60 days after the offence
Date you received the NIP: - 62 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A381 eastbound south Morton devon
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? - Lease from company
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 received an Nip with the offence dated 20/07/19 I knew I wasn’t working that day , the company I work for didn’t have my van logged out and I also had a parking ticket in my car as I’d been to the beach that day . I refuted the allegation with th the evidence and have now received a second NIP with the offence date 19/07/19 , this one is dated 17/09/19 and I received it on 19/09/19. Can I refuse this one as it’s over the 14 day period ?

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? - Yes
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? - Unsure
Do you know who was driving? - Unsure who was driving

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: Thu, 19 Sep 2019 18:42:28 +0000
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post Thu, 19 Sep 2019 - 18:42
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Jlc
post Thu, 19 Sep 2019 - 19:45
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Assuming they didn't serve an original one for that date then you appear to have an angle.

However, the driver needs naming regardless... (The s172 name the driver requirement is not subject to the 14 days)

This post has been edited by Jlc: Thu, 19 Sep 2019 - 19:46


--------------------
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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Mik153
post Thu, 19 Sep 2019 - 20:38
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I presume it was me driving ( without due care and attention apparently)
Just wondering how to proceed as I only have the option to plead guilty or not guilty and as the second NIP arrived way over the 14 days I don’t want to hold my hands up to quickly
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Jlc
post Thu, 19 Sep 2019 - 21:05
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Naming the driver is not pleading guilty to the underlying allegation.

If an accident was involved then the 14 day requirement may not be applicable.


--------------------
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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The Rookie
post Fri, 20 Sep 2019 - 03:19
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You can't refuse a notice, it's too late, you've already been notified.

You still have to name the driver.

What offence is alleged? Not all offences need the driver (or registered keeper) to be notified within 14 days, where there is an accident, for mobile phone use and most vehicle defect related.


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

S172's
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Council PCN's
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PPC PCN's
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Mik153
post Fri, 20 Sep 2019 - 17:32
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No accident just driving without due care and attention
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The Rookie
post Fri, 20 Sep 2019 - 18:46
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There isn’t an offence of having an accident.

If an accident occurred as required by the statute (and you may well not consider that an accident) then there us no need for a warning to the driver or registered keeper within 14 days.


--------------------
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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andy_foster
post Sun, 22 Sep 2019 - 19:51
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QUOTE (The Rookie @ Fri, 20 Sep 2019 - 19:46) *
If an accident occurred as required by the statute (and you may well not consider that an accident) then there us no need for a warning to the driver or registered keeper within 14 days.


Are English subtitles available?


--------------------
Andy

Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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