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[NIP Wizard] NIP Wizard - Scotland
shy
post Thu, 27 Jun 2019 - 17:21
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - June 2019
Date of the NIP: - 5 days after the offence
Date you received the NIP: - 6 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A956 North Esplanade West, Aberdeen, near Raik Road
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? - 3
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? - No
Do you know who was driving? - Yes

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • Complete the Section 172 statement naming the person you believe was driving.
    You aren't incriminating them - they'll receive a NIP to complete themselves in due course.

    (You might also like to let that person know that they can expect to receive one, and give them the link to this Wizard for when it arrives!)

Generated by the PePiPoo NIP Wizard v3.3.2: Thu, 27 Jun 2019 17:21:28 +0000
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post Thu, 27 Jun 2019 - 17:21
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shy
post Thu, 15 Aug 2019 - 11:27
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QUOTE (The Rookie @ Thu, 15 Aug 2019 - 12:17) *
Well either an offence is already committed by going past 28 days unsigned or it has not, there is no time frame they can then impose.

In theory they could refer it to court (where the penalty will be higher) rather than offering a fixed penalty, in reality we've not seen that happening.


Could ask the question in the response on whether an offence has been committed by not signing?

Can see the driver taking this early based on what's potentially involved dry.gif
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The Rookie
post Thu, 15 Aug 2019 - 11:44
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QUOTE (shy @ Thu, 15 Aug 2019 - 12:27) *
Could ask the question in the response on whether an offence has been committed by not signing?

I wouldn't, it will achieve nothing.


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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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shy
post Fri, 16 Aug 2019 - 14:53
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Forgot to show the attached stating 'police officer will call to interview'.

Should this form be returned unsigned on day 27 along with drafted letter above? With them threatening a visit if there's no response, all bases covered?


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The Rookie
post Fri, 16 Aug 2019 - 19:16
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What form?

You can do pretty much anything, including ignoring it, the sole point of writing back is to waste a bit of time while they process it, it serves no other purpose AT ALL.


--------------------
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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cp8759
post Fri, 16 Aug 2019 - 21:27
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QUOTE (shy @ Fri, 16 Aug 2019 - 15:53) *
Should this form be returned unsigned on day 27 along with drafted letter above? With them threatening a visit if there's no response, all bases covered?

To be honest IMO this letter shows that they're bluffing. If they wanted to charge you under s172, they already have all the evidence they need. To put this into context, in England they wouldn't bother coming round to your house, you'd just get the court paperwork in the post.

Police Scotland are known to occasionally turn up at someone's house, in which case the best approach is probably to refuse to talk to them - not even through a window or the letter box. They have no powers of entry in this situation, and eventually they'll get bored and will leave. I would also put some music or the TV on, so they cannot later claim they made a verbal s172 request to you.


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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.
No, I am not a lawyer.
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Mayhem007
post Sat, 17 Aug 2019 - 08:39
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This question to everyone in the thread.
I take it the 6 month clock starts ticking from the date of the alleged offence and not the date NIPs were issued.




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STAND UP FOR YOURSELF OR YOU WILL FALL FOR ANYTHING

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Mayhem007
post Sat, 17 Aug 2019 - 08:53
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For Shy.
If you live in Scotland then your not going to get a smooth ride. The police will knock on your door regularly and at odd hours. Some people have had the nightshift police knock on their doors.
Also, be prepared, whilst police may not be able to gain entry into your house, they can gain entry to unlocked doors if no one answers the door, all in the name for the safety of occupants.
There is nothing to stop the husband answering the door, if the wife isn't in or available for questioning. Be prepared for police on the odd occasion to sit outside your house. It happened to me in England, after half an hour they just left.
When the six months is up you can speak to them as much as you want. Just give your details and reply no comment to everything else. What you do before the 6 months deadline is beyond me, its just imperative that you don't see them at all and avoid them at all costs.


--------------------
STAND UP FOR YOURSELF OR YOU WILL FALL FOR ANYTHING

Ultracrepadarion - A person who offers an opinion on a subject they know nothing about.
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Redivi
post Sat, 17 Aug 2019 - 11:41
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The six months clock for speeding starts from the date of the offence

The six months clock for an S172 offence starts 28 days after the NIP is served
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