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[NIP Wizard] Received reminder NIP but never received first
Eowyn26
post Mon, 6 Jan 2020 - 13:29
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - November 2019
Date of the NIP: - 44 days after the offence
Date you received the NIP: - 48 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Lent Rise Road Burnham
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Not known
If your are not the Registered Keeper, what is your relationship to the vehicle? - Registered Keeper
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 - Travelling down Lent rise road, thought it was 40mph, saw marked van and slowed down, realised after it was a 30mph wasn't sure if I had been within limit or not at point of passing. Did not receive first NIP, was therefore surprised to receive a reminder just before Christmas for speeding at 38mph. The copy contained in the reminder NIP provided had a date which meant it was sent on a Weds in Dec (if the NIP date is the guide of posting date) and received on a Saturday. The accompanying correspondence referred to NIP sent recently - no specific dates were provided of the actual date the first NIP was sent. No postmarks on the envelope - only account postage reference number with a 2 alongside it.

I contacted Thames Valley police immediately to advise I had never received first NIP. They then provided a copy with dated 9 days after the offence took place. The copy arrived the day after I phoned them so there appears to be no issues with address or details.

We did have some building work taking place at the time. Although have not had any issues with any other post being received.

Has anyone had experience of receiving second NIP and never having received the first? Is this too difficult to pursue? i.e how can I prove I never received something?

I have 0 points. Will not be eligible for course as am just under 3 years for last course.

Thank you in advance for any advice.


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? - No
Was there a valid reason for the NIP's late arrival? - No

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • The first NIP to the Registered Keeper must arrive within 14 days unless there is a valid reason why that was not possible, for example a recent change of details.

    This link will take you to the advice provided by the RAC's legal team.

Generated by the PePiPoo NIP Wizard v3.3.2: Mon, 06 Jan 2020 13:29:27 +0000
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post Mon, 6 Jan 2020 - 13:29
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gilan02
post Mon, 6 Jan 2020 - 13:48
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What was the date of the previous offence? The three years is from offence date to offence date.
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666
post Mon, 6 Jan 2020 - 13:49
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The first NIP is presumed to have been served, and it is up to you to refute that presumption. The only way to do so is to refuse any offer of a fixed penalty, and proceed to court. If you have no evidence apart from your own testimony, then that would be a very risky course of action.

In any event, the s172 request in the 2nd NIP is still valid, and you must reply.
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Eowyn26
post Mon, 6 Jan 2020 - 14:31
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Previous Offence was end of March 2017 so it will not be over 3 years.

Yes understand I need to respond and will do so. Was curious if anyone else had experienced not receiving the first NIP and only the reminder.

Thank you very much for your input and advice.











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Jlc
post Mon, 6 Jan 2020 - 15:02
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Yes there are other threads with the same situation.


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