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[NIP Wizard] NIP dated 3 weeks after offence
BigG74
post Wed, 19 Jun 2019 - 23:21
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - May 2019
Date of the NIP: - 25 days after the offence
Date you received the NIP: - 28 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A636 Wakefield Road Denby Dale, Denby Dale, Huddersfield., UNITED KINGDOM
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? - I lease my vehicle through work
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 was flashed by a fixed camera doing 38 in a 30. This is not disputed, although the camera was only a short distance from the 30 sign which indicated the speed limit had reduced from 40 - I acknowledge this is unlikely to be any defence.

However, the NIP was issued over 3 weeks after the offence. I was flashed by another speed camera in West Yorkshire in July 2018 and accepted the offer for a speed awareness course. However, on this occasion the NIP went to my employer first (via the lease car company). This took over 2 weeks to but given the chain there was an obvious reason for this delay so I didn't challenge it.

This time however, the NIP appears to have come straight to me. I assume West Yorkshire Police will have used their records from the last offence? If this is the case, will it be worth appealing?

Many thanks


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? - Yes
Which country did the alleged offence take place in? - England

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • The law requires you to provide the information requested in the Section 172 notice within the 28 day period, naming yourself as the driver. If you are considering obtaining formal legal advice, do so before returning the notice.

    You should note that there is nothing to be gained by responding any earlier than you have to at any stage of the process. You are likely to receive a Conditional Offer of a Fixed Penalty (COFP) and further reminder(s). If you want to continue the fight, you should ignore all correspondence from the police until you receive a summons. You need to understand from the outset that while you will receive much help and support from members on the forums, you will need to put time and effort into fighting your case and ultimately be prepared to stand up in court to defend yourself.

Generated by the PePiPoo NIP Wizard v3.3.2: Wed, 19 Jun 2019 23:21:22 +0000
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post Wed, 19 Jun 2019 - 23:21
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BaggieBoy
post Thu, 20 Jun 2019 - 00:06
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Nope, they would have sent the NIP in the first instance to the Registered Keeper as required, i.e. the lease company. What is more likely is that the lease company now know you are the driver and named you instead of your company. I doubt there is any wiggle room here
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BigG74
post Thu, 20 Jun 2019 - 09:06
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QUOTE (BaggieBoy @ Thu, 20 Jun 2019 - 01:06) *
Nope, they would have sent the NIP in the first instance to the Registered Keeper as required, i.e. the lease company. What is more likely is that the lease company now know you are the driver and named you instead of your company. I doubt there is any wiggle room here


Thanks for your reply BaggieBoy

I might contact the lease company and ask when they received the request for my details and when they sent their reply - just in case the old bill sent it late? - Unlikely I know, but might as well use the 28 days constructively.

Otherwise - am I right in thinking it'll likely be a £100 FPN and 3 points?

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Jlc
post Thu, 20 Jun 2019 - 09:50
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QUOTE (BigG74 @ Thu, 20 Jun 2019 - 10:06) *
just in case the old bill sent it late? - Unlikely I know, but might as well use the 28 days constructively.

Unlikely but can check...

QUOTE (BigG74 @ Thu, 20 Jun 2019 - 10:06) *
Otherwise - am I right in thinking it'll likely be a £100 FPN and 3 points?

Yup.


--------------------
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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Redivi
post Thu, 20 Jun 2019 - 09:55
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I was flashed by a fixed camera doing 38 in a 30. This is not disputed, although the camera was only a short distance from the 30 sign which indicated the speed limit had reduced from 40 - I acknowledge this is unlikely to be any defence.

Had you passed any streetlights ?

If not, visit the council and ask for a copy of the traffic order to check that the 30 mph limit sign is in the right place
In the case of my daughter, that first led me to this forum, the change in limit sign was no less than 60m out of position
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