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[NIP Wizard] Dubsox
Dubsox
post Mon, 14 Oct 2019 - 16:02
Post #1


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Posts: 5
Joined: 10 Oct 2019
From: Leeds
Member No.: 106,108



NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - May 2019
Date of the NIP: - 3 days after the offence
Date you received the NIP: - 4 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A64(M) New York Road, Leeds, UNITED KINGDOM
Was the NIP addressed to you? - No
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? - It’s my husband’s car
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 driving my husband’s car and was caught by camera doing 50mph on a section of dual carriageway that’s 40mph. The NIP was sent to my husband as the owner and keeper of the car, he gave them my details and I received a standard conditional offer of 3 points and £100 fine. I’ve previously attended a speed awareness course but have no other points on my licence.

I fully intended to accept the COFP but completely missed the deadline. It’s my own fault - we’ve been renovating out house, we have a temporary mailbox and mail hasn’t been dealt with as it would ordinarily be but I accept that’s my responsibility and no excuse. But by the time I remembered it was a full 3 weeks passed the 28 day deadline. I logged on to pay the fine but the system wouldn’t let me. Same when I tried the automated line.

So I called the contact number and they confirmed that because the 28 days had elapsed the case has been moved on. I didn’t get the exact phrase but I’m really worried I’m heading for court with no further opportunity to settle the matter early.

I asked if there was anyone I could speak to and was told not. Eventually they gave me an email address which looks like the standard inbox for the WYP camera section. I wrote an email profusely apologising for the honest admin error, asking for the opportunity to settle before I was sent a court summons. This was 10th Oct, the day I realised. The following day I backed this up with a similar message by letter to the standard WYP camera section address. Again, hoping to resolve the matter out of court, accept the points and pay the fine and any further admin costs my delay might have incurred. I sent the letter out of desperation really as I had no idea who I should really be appealing to, and apologising in advance if doubling up with email and letter caused any confusion their end.

They will have received the letter just today and have had my email for over 2 working days.

My question is whether I have any hope of sensibly resolving this without the need to attend court? Do they usually threaten a court date but allow more time or have I had it? Should I be aiming an appeal to another department?

The thought of court terrifies me! Lesson very much already learned! Any thoughts on what to expect or how to appeal more effectively would be appreciated. Dreading a court summons dropping into my still temporary mailbox any day now.

Thanks in advance


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: Mon, 14 Oct 2019 16:02:35 +0000
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Replies (20 - 21)
southpaw82
post Thu, 17 Oct 2019 - 18:08
Post #21


Member


Group: Members
Posts: 33,610
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



More like end of November.


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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.
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post Thu, 17 Oct 2019 - 18:08
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cp8759
post Fri, 18 Oct 2019 - 11:40
Post #22


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



QUOTE (Dubsox @ Thu, 17 Oct 2019 - 18:53) *
With regards to paying and hoping - there is no direct transfer option. I’ve ordered a cheque book but this is likely to be another week in arriving. I can post the form and cheque as previously suggested but I fear at this stage the file has already left their office and they wouldn’t/couldn’t process the COFP paperwork anyway at this stage.

I would have paid the £2.99 fee for a postal order to be honest, I'm not sure the saving is worth the wait. Don't forget to also send your driving licence for endorsement. There's no risk in trying, worse case scenario is they say no and send the licence and payment back to you.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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