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Name on NIP is 'wrong', Threads merged x3
aspar
post Tue, 14 Mar 2017 - 17:32
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Got NIP in post.

Addressed to my business's trading name with no persons name on it. ie "Greenshoots Gardening" as opposed to "David Smith".

It's sole trader business as opposed to a limited company.

Do I need to respond??

It says in big capitals : To be completed by the addressee only....I'm not the addressee.

Can I get an employee to reply for the business??

If I don't respond can they issue a s172 against me personally [even though I'm not named on the NIP]????



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post Tue, 14 Mar 2017 - 17:32
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southpaw82
post Tue, 14 Mar 2017 - 17:36
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Presumably your vehicle is registered to your (unincorporated?) business?

I'd be wary of saying it's not addressed to you, if your business is no more than "Joe Bloggs trading as Joe Bloggs Builders".


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Jlc
post Tue, 14 Mar 2017 - 17:45
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Who holds the v5?

What's the NIP for?


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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Logician
post Tue, 14 Mar 2017 - 18:22
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QUOTE (aspar @ Tue, 14 Mar 2017 - 17:32) *
Got NIP in post. Addressed to my business's trading name with no persons name on it. ie "Greenshoots Gardening" as opposed to "David Smith". It's sole trader business as opposed to a limited company.


If the sole trader is you, David Smith, and you are trading as Greenshoots Gardening, then the NIP is addressed to your trading name, ie to you. See Companies House guidance LINK Section 9:

Business names

A ‘business name’ is any name under which someone carries on business. In the case of a company or limited liability partnership, it means a name that is not its registered name. In the case of a sole trader, it means a name other than a surname with or without forenames or initials. In the case of a partnership, it means a name other than the partners’ names.



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aspar
post Wed, 15 Mar 2017 - 09:54
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QUOTE (southpaw82 @ Tue, 14 Mar 2017 - 18:36) *
Presumably your vehicle is registered to your (unincorporated?) business?

I'd be wary of saying it's not addressed to you, if your business is no more than "Joe Bloggs trading as Joe Bloggs Builders".


No, the vehicle is registered to a separate limited company.

Thanks

QUOTE (Jlc @ Tue, 14 Mar 2017 - 18:45) *
Who holds the v5?

What's the NIP for?


A separate limited company holds the V5 [they must have used the insurance database to send the NIP to me]

NIP is for 38 in a 30.

Thanks
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peterguk
post Wed, 15 Mar 2017 - 11:00
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QUOTE (aspar @ Wed, 15 Mar 2017 - 09:54) *
A separate limited company holds the V5 [they must have used the insurance database to send the NIP to me]


Is the NIP name and address the same as is on the V5?


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aspar
post Wed, 15 Mar 2017 - 11:17
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QUOTE (peterguk @ Wed, 15 Mar 2017 - 12:00) *
QUOTE (aspar @ Wed, 15 Mar 2017 - 09:54) *
A separate limited company holds the V5 [they must have used the insurance database to send the NIP to me]


Is the NIP name and address the same as is on the V5?


No...as I say they must have used the insurance database for the name on the NIP as that name is not the name on the v5.

So...NIP and v5 have different names and addresses on them.

This post has been edited by aspar: Wed, 15 Mar 2017 - 11:18
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peterguk
post Wed, 15 Mar 2017 - 11:23
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QUOTE (aspar @ Wed, 15 Mar 2017 - 11:17) *
QUOTE (peterguk @ Wed, 15 Mar 2017 - 12:00) *
QUOTE (aspar @ Wed, 15 Mar 2017 - 09:54) *
A separate limited company holds the V5 [they must have used the insurance database to send the NIP to me]


Is the NIP name and address the same as is on the V5?


No...as I say they must have used the insurance database for the name on the NIP as that name is not the name on the v5.

So...NIP and v5 have different names and addresses on them.


So is this the first NIP?

Why would the Police choose to ignore the info held by DVLA and find a different name and address?


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Jlc
post Wed, 15 Mar 2017 - 11:26
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In the first instance they would almost certainly have sent the 1st NIP to the registered keeper. The RK may have responded or not - do you know?

It's possible the MIB was used at some point. But this is perhaps distraction from the core point about naming the driver.

This post has been edited by Jlc: Wed, 15 Mar 2017 - 11:27


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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The Rookie
post Wed, 15 Mar 2017 - 11:31
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Is it registered to the limited company or to a finance/lease company?

Do you have the actual V5C (reg doc)?


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aspar
post Thu, 16 Mar 2017 - 09:45
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QUOTE (The Rookie @ Wed, 15 Mar 2017 - 11:31) *
Is it registered to the limited company or to a finance/lease company?

Do you have the actual V5C (reg doc)?


I have the v5 but it's still in the name of the previous owner [a limited company, not a finance/lease company]...who probably replied saying it was sold [but not to me]. So the police have probably gone to the MIB and got my details.

My main question was about the NIP saying 'must be completed by addressee only'....and the name [addressee] on it is not my name [or is it??].

The reason I'm asking is that by not replying [or replying asking for the NIP to be re-issued with my name on it??] I might be able to run the clock down so that it goes past the six month mark
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southpaw82
post Thu, 16 Mar 2017 - 10:50
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The "business name" could reply naming the driver, who would then get their own s 172 notice. It is possible that a court would find that the notice was addressed to you, albeit calling you by your trading as name.


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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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NewJudge
post Thu, 16 Mar 2017 - 12:31
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Forgive me if I've missed it but this has become a bit convoluted. What relationship (if any) currently exists between you and the name on the NIP?
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Jlc
post Thu, 16 Mar 2017 - 12:56
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QUOTE (NewJudge @ Thu, 16 Mar 2017 - 12:31) *
Forgive me if I've missed it but this has become a bit convoluted. What relationship (if any) currently exists between you and the name on the NIP?


Some clues here:
QUOTE (aspar @ Thu, 16 Mar 2017 - 09:45) *
I have the v5 but it's still in the name of the previous owner [a limited company, not a finance/lease company]...who probably replied saying it was sold [but not to me]. So the police have probably gone to the MIB and got my details.



QUOTE (aspar @ Thu, 16 Mar 2017 - 09:45) *
My main question was about the NIP saying 'must be completed by addressee only'....and the name [addressee] on it is not my name [or is it??].

The reason I'm asking is that by not replying [or replying asking for the NIP to be re-issued with my name on it??] I might be able to run the clock down so that it goes past the six month mark

It may be your 'main' question but at best there's been some lack of admin, at worst there's potential for some very serious offences.

How to answer your question depends on the situation which remains unclear.


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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aspar
post Thu, 16 Mar 2017 - 15:57
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QUOTE (NewJudge @ Thu, 16 Mar 2017 - 12:31) *
Forgive me if I've missed it but this has become a bit convoluted. What relationship (if any) currently exists between you and the name on the NIP?


Sorry if it's unclear.

The name on the NIP is that of my sole trader business name [eg GreenGardening Services].

To be clear.....I am David Smith. I have a business [sole trader not limited company] called GreenGardening Services. The name on the NIP is GreenGardening Services.

QUOTE (Jlc @ Thu, 16 Mar 2017 - 12:56) *
It may be your 'main' question but at best there's been some lack of admin, at worst there's potential for some very serious offences.

How to answer your question depends on the situation which remains unclear.


I accept what you say.

Which bit of my situation as I've explained it is unclear, and I'll try to clarify.



btw - Thanks for all the great advice from all the good people on here.
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Jlc
post Thu, 16 Mar 2017 - 15:58
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Then the NIP is effectively addressed to you.


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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Gan
post Thu, 16 Mar 2017 - 16:09
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Return the S172 in the name of Green Gardening Services
That will eliminate any risk of a prosecution if the police believe GGS passed it to the driver to complete

You will then receive a request in your personal name
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peterguk
post Thu, 16 Mar 2017 - 16:16
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QUOTE (aspar @ Thu, 16 Mar 2017 - 09:45) *
I have the v5 but it's still in the name of the previous owner


Whilst the issue is fresh in your mind, don't forget to change owner detasils on V5C.

QUOTE (Gan @ Thu, 16 Mar 2017 - 16:09) *
Return the S172 in the name of Green Gardening Services
That will eliminate any risk of a prosecution if the police believe GGS passed it to the driver to complete

You will then receive a request in your personal name


Or reply and sign as David Smith T/A GGS.


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Jlc
post Thu, 16 Mar 2017 - 16:18
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QUOTE (Gan @ Thu, 16 Mar 2017 - 16:09) *
You will then receive a request in your personal name

...or whoever is nominated as the driver will receive a request.

But back to the leading question:

QUOTE (aspar @ Tue, 14 Mar 2017 - 17:32) *
If I don't respond can they issue a s172 against me personally [even though I'm not named on the NIP]????


...as a sole trader is not a body corporate then I believe they could pursue personally.

This post has been edited by Jlc: Thu, 16 Mar 2017 - 16:20


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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aspar
post Fri, 28 Apr 2017 - 15:56
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I returned a completed NIP four and a half months after the date of the alleged offence [no s172 issues before anyone asks]

What happens now...esp with regards timescales....

Do they send me out a conditional offer letter [28 days to return it...or is it only 14??]...that takes me to 5.5 months...nearly six....

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