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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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aspar
post Fri, 28 Apr 2017 - 16:01
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1. If one returns a completed NIP AFTER the s172 deadline, but BEFORE they have a chance to issue a summons....can they still issue a s172 summons [even though they now have the information requested]??

2. Are they likely to do so...??

3. ....even for only a week late??
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Jlc
post Fri, 28 Apr 2017 - 16:04
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If the offence occurs then they could. (Late is late)

Without context it's hard to say much further. ('Late' replies might be accepted but possibly not if a 'time out' was being architected for example)

This post has been edited by Jlc: Fri, 28 Apr 2017 - 16:09


--------------------
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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Jlc
post Fri, 28 Apr 2017 - 16:05
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Why did you start 2 threads (the questions are clearly related)?

So the matter may go straight to summons if they can't issue the CoFP in time. It has been known for CoFP's to be issued (28 days) so they expire after the 6 months, but unusual.

This post has been edited by Jlc: Fri, 28 Apr 2017 - 16:08


--------------------
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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ford poplar
post Fri, 28 Apr 2017 - 16:11
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s172 offence is complete 28 days after Service.
Have you received a Summons? What offences are listed?
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The Rookie
post Fri, 28 Apr 2017 - 16:13
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1. Yes
2. Maybe
3. Probably not unless you were very close to and trying to engineer a timeout


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aspar
post Fri, 28 Apr 2017 - 16:15
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Thanks for your reply...

Two threads ...because I don't have s172 issues on this NIP [yet] and I thought it would just muddy the waters.

CoFP....if they issue it within a few days of receipt of NIP then it would expire BEFORE the six months [but possibly close enough to expiry date to not be able to issue a summons before the six months are up...???]....so I guess I'm hoping that they send a COFP, and I ask for a court hearing and they can't get a summons done in time....



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Logician
post Fri, 28 Apr 2017 - 16:17
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1. Yes

2. That depends on the circumstances.

A phone call letting them know it is coming may help, and a reasonable explanation of why it is late


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aspar
post Fri, 28 Apr 2017 - 16:18
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Thanks everyone.

I asked the question as a possible part of engineering a timeout but it seems that the consensus is that it's a high risk/suicidal strategy!!!!
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andy_foster
post Fri, 28 Apr 2017 - 16:22
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Presumably both of the new threads you've started are related to this case?


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Andy

Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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Jlc
post Fri, 28 Apr 2017 - 16:25
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They can commence proceedings potentially in time. It would best best in one thread as the waters are muddied...


--------------------
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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Jlc
post Fri, 28 Apr 2017 - 16:29
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Committing a separate offence (with a higher penalty) wouldn't appear to be the best move.


--------------------
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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aspar
post Tue, 16 Jan 2018 - 13:58
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Sorted.......got it to time out. No summons or anything like that.
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