[NIP Wizard] One offence 2 NIP’s 2 different dates |
[NIP Wizard] One offence 2 NIP’s 2 different dates |
Thu, 19 Sep 2019 - 18:42
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#1
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New Member Group: Members Posts: 3 Joined: 19 Sep 2019 Member No.: 105,812 |
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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Thu, 19 Sep 2019 - 18:42
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Thu, 19 Sep 2019 - 19:45
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#2
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Member Group: Members Posts: 41,503 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
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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Thu, 19 Sep 2019 - 20:38
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#3
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New Member Group: Members Posts: 3 Joined: 19 Sep 2019 Member No.: 105,812 |
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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Thu, 19 Sep 2019 - 21:05
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#4
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Member Group: Members Posts: 41,503 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
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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Fri, 20 Sep 2019 - 03:19
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#5
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Member Group: Members Posts: 56,196 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
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 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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Fri, 20 Sep 2019 - 17:32
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#6
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New Member Group: Members Posts: 3 Joined: 19 Sep 2019 Member No.: 105,812 |
No accident just driving without due care and attention
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Fri, 20 Sep 2019 - 18:46
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#7
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Member Group: Members Posts: 56,196 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
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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Sun, 22 Sep 2019 - 19:51
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#8
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Member Group: Life Member Posts: 24,213 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
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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