PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

[NIP Wizard] Best way to go about identifying driver
Danc331990
post Thu, 13 Feb 2020 - 09:14
Post #1


New Member


Group: Members
Posts: 6
Joined: 12 Feb 2020
Member No.: 107,846



NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - 31st January
Date of the NIP: - 5th February
Date you received the NIP: - 12th February
Location of offence (exact location as it appears on the NIP: important): -
Was the NIP addressed to you? - Yes
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? - Unsure
Do you know who was driving? - Unsure who was driving
- Yes
- Unsure 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, 13 Feb 2020 09:14:09 +0000

This post has been edited by Danc331990: Fri, 14 Feb 2020 - 09:32
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 12)
Advertisement
post Thu, 13 Feb 2020 - 09:14
Post #


Advertise here!









Go to the top of the page
 
Quote Post
The Rookie
post Thu, 13 Feb 2020 - 10:44
Post #2


Member


Group: Members
Posts: 44,143
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



The additional questions button is there for a reason, you need to use it.


--------------------
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
Go to the top of the page
 
+Quote Post
Logician
post Thu, 13 Feb 2020 - 16:35
Post #3


Member


Group: Members
Posts: 12,466
Joined: 28 Mar 2010
Member No.: 36,528



What were the circumstances leading to you being unsure who was driving?


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



Go to the top of the page
 
+Quote Post
Danc331990
post Fri, 14 Feb 2020 - 08:26
Post #4


New Member


Group: Members
Posts: 6
Joined: 12 Feb 2020
Member No.: 107,846



Hi

Apologies for not filling in the full form had some difficulties with my laptop.
Basically I was ill at the time of the offence and still going into work for some reason, literally the day after I went on the sick which can be proven by work HR etc and the offence is on a day where either myself or my Dad drove me to work so unsure as to what avenue to go down.
I usually drive there and he takes my car home but on that day I wasn’t well obviously so we’re unsure as to who was driving.

Was thinking of requesting the photos of the driver but wondering whether to send the NIP back blank and do that or just call and ask regarding them?

Any advice is welcome
Go to the top of the page
 
+Quote Post
Jlc
post Fri, 14 Feb 2020 - 08:44
Post #5


Member


Group: Members
Posts: 32,596
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



QUOTE (Danc331990 @ Fri, 14 Feb 2020 - 08:26) *
Was thinking of requesting the photos of the driver but wondering whether to send the NIP back blank and do that or just call and ask regarding them?

Simply request the any photo's they have to assist you in identifying the driver.

However, even if the photo's do not assist (e.g. rear snap) then that in itself is not a defence.

Upon receiving the request to name the driver you must use reasonable diligence to identify them. If you do not know who was driving and cannot identify them with the aforementioned diligence then you can go to court and attempt to use a statutory defence.

However, benches are naturally sceptical and if you cannot convince them then you'll be sentenced to 6 points, a sizeable fine, surcharge and the prosecution will likely request guideline costs of £620.

What's the alleged speed/limit?


--------------------
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.
Go to the top of the page
 
+Quote Post
Danc331990
post Fri, 14 Feb 2020 - 09:25
Post #6


New Member


Group: Members
Posts: 6
Joined: 12 Feb 2020
Member No.: 107,846



QUOTE (Jlc @ Fri, 14 Feb 2020 - 08:44) *
QUOTE (Danc331990 @ Fri, 14 Feb 2020 - 08:26) *
Was thinking of requesting the photos of the driver but wondering whether to send the NIP back blank and do that or just call and ask regarding them?

Simply request the any photo's they have to assist you in identifying the driver.

However, even if the photo's do not assist (e.g. rear snap) then that in itself is not a defence.

Upon receiving the request to name the driver you must use reasonable diligence to identify them. If you do not know who was driving and cannot identify them with the aforementioned diligence then you can go to court and attempt to use a statutory defence.

However, benches are naturally sceptical and if you cannot convince them then you'll be sentenced to 6 points, a sizeable fine, surcharge and the prosecution will likely request guideline costs of £620.

What's the alleged speed/limit?


Request the photos then send the NIP back or send the request attached to a blank NIP?

57 in a 50
Go to the top of the page
 
+Quote Post
BaggieBoy
post Fri, 14 Feb 2020 - 10:17
Post #7


Member


Group: Members
Posts: 6,441
Joined: 3 Apr 2006
From: North Hampshire
Member No.: 5,183



What is a blank NIP?

The NIP is a notice that is sent to you, usually along with a S172 request to name the driver.
Go to the top of the page
 
+Quote Post
Danc331990
post Fri, 14 Feb 2020 - 10:29
Post #8


New Member


Group: Members
Posts: 6
Joined: 12 Feb 2020
Member No.: 107,846



QUOTE (BaggieBoy @ Fri, 14 Feb 2020 - 10:17) *
What is a blank NIP?

The NIP is a notice that is sent to you, usually along with a S172 request to name the driver.


That’s what I meant, sorry

Think I am going to give them a call later today to ask if the driver can be seen clearly in the photo and then just take it from there.
We know it was either of us so happy for one of us to take the blame either way as we know we were in the wrong.
Go to the top of the page
 
+Quote Post
southpaw82
post Fri, 14 Feb 2020 - 11:36
Post #9


Member


Group: Members
Posts: 30,734
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



No, don’t send a blank response back. You have 28 days, beginning with when the notice was served on you, to reply. Use that time to work out who was driving, including asking for the photo.


--------------------
Moderator

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.
Go to the top of the page
 
+Quote Post
Logician
post Fri, 14 Feb 2020 - 12:07
Post #10


Member


Group: Members
Posts: 12,466
Joined: 28 Mar 2010
Member No.: 36,528



To be honest it is strange that you cannot remember between what happened on quite a memorable day just two weeks ago, when either you did what you usually did or changed because of your sickness, and I do not think you will persuade a court otherwise. If it was your usual routine, he would have got out and walked round the car at your workplace, otherwise he would have stayed in the driver's seat, does that not ring a bell?


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



Go to the top of the page
 
+Quote Post
Danc331990
post Fri, 14 Feb 2020 - 14:11
Post #11


New Member


Group: Members
Posts: 6
Joined: 12 Feb 2020
Member No.: 107,846



QUOTE (Logician @ Fri, 14 Feb 2020 - 12:07) *
To be honest it is strange that you cannot remember between what happened on quite a memorable day just two weeks ago, when either you did what you usually did or changed because of your sickness, and I do not think you will persuade a court otherwise. If it was your usual routine, he would have got out and walked round the car at your workplace, otherwise he would have stayed in the driver's seat, does that not ring a bell?


Wasn’t going to try to persuade court.
Just going to have a look at the photo if possible and accept the charge mate.
We think it was my Dad but cannot be 100% hence me asking your advice.
Go to the top of the page
 
+Quote Post
nosferatu1001
post Fri, 14 Feb 2020 - 16:09
Post #12


Member


Group: Members
Posts: 23,166
Joined: 27 Nov 2007
Member No.: 15,642



You dont have to be 100%
Pick the driver you believe to be correct.
Go to the top of the page
 
+Quote Post
roythebus
post Thu, 20 Feb 2020 - 23:52
Post #13


Member


Group: Members
Posts: 5,468
Joined: 19 Dec 2006
From: Near Calais
Member No.: 9,683



Does your father not remember? Have you asked him?
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Saturday, 29th February 2020 - 04:29
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.