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[NIP Wizard] NIP 15 days after offence
ravench
post Fri, 5 Jan 2018 - 15:31
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - December 2017
Date of the NIP: - 14 days after the offence
Date you received the NIP: - 15 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A140 Colman rd Norwich
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? -
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 according to camera doing 35mph in 30mph & saw the flash so not disputing that but received NIP after 15 days.

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? - Unsure
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? - 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: Fri, 05 Jan 2018 15:31:47 +0000
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post Fri, 5 Jan 2018 - 15:31
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Jlc
post Fri, 5 Jan 2018 - 15:53
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Have you moved/changed vehicle recently? Do you have the v5 to hand?

What was the date of the offence and the date of the letter? (Xmas post?)


--------------------
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.
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666
post Fri, 5 Jan 2018 - 15:54
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Is the V5C (log book) in your possession?

Is the address on it correct, and the same as the NIP?

Any change of address in the recent past?
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Jlc
post Fri, 5 Jan 2018 - 15:55
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QUOTE (ravench @ Fri, 5 Jan 2018 - 15:31) *
Date of the NIP: - 14 days after the offence

This seems to imply it wasn't the 1st NIP. If it was the first and dated 14 days after then there's no possible way it would have arrived in time.

However, the driver nomination has to be satisfied regardless.


--------------------
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.
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ravench
post Fri, 5 Jan 2018 - 19:02
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I am the keeper & have V5. The offence was on 21/12/2017, the NIP arrived today 05/01/2018, the date on the NIP was 04/01/2018
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peterguk
post Fri, 5 Jan 2018 - 19:11
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QUOTE (ravench @ Fri, 5 Jan 2018 - 19:02) *
I am the keeper & have V5. The offence was on 21/12/2017, the NIP arrived today 05/01/2018, the date on the NIP was 04/01/2018


And what is the DOC REF DATE on page 2 of the V5C?

This post has been edited by peterguk: Fri, 5 Jan 2018 - 19:12


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BaggieBoy
post Fri, 5 Jan 2018 - 19:18
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There is almost no chance that a NIP posted after 14 days will be the first one, first one must have gone somewhere else first.
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Logician
post Fri, 5 Jan 2018 - 19:40
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QUOTE (BaggieBoy @ Fri, 5 Jan 2018 - 19:18) *
There is almost no chance that a NIP posted after 14 days will be the first one, first one must have gone somewhere else first.


Under normal circumstances that would be correct, but unless it was posted the day after the offence date it would not be posted until after Christmas. Systems go to pot over the extended Christmas/New Year period we now have, and although it is likely this was not the first NIP, it may have been.



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Fredd
post Fri, 5 Jan 2018 - 20:07
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QUOTE (BaggieBoy @ Fri, 5 Jan 2018 - 19:18) *
There is almost no chance that a NIP posted after 14 days will be the first one, first one must have gone somewhere else first.

Because the camera partnerships are infallible? It's not helpful to the OP to state as fact things that you can't be certain of.


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BaggieBoy
post Fri, 5 Jan 2018 - 20:41
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QUOTE (Fredd @ Fri, 5 Jan 2018 - 20:07) *
QUOTE (BaggieBoy @ Fri, 5 Jan 2018 - 19:18) *
There is almost no chance that a NIP posted after 14 days will be the first one, first one must have gone somewhere else first.

Because the camera partnerships are infallible? It's not helpful to the OP to state as fact things that you can't be certain of.

That's why I used "almost", it's not certain.
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southpaw82
post Fri, 5 Jan 2018 - 20:46
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QUOTE (BaggieBoy @ Fri, 5 Jan 2018 - 20:41) *
QUOTE (Fredd @ Fri, 5 Jan 2018 - 20:07) *
QUOTE (BaggieBoy @ Fri, 5 Jan 2018 - 19:18) *
There is almost no chance that a NIP posted after 14 days will be the first one, first one must have gone somewhere else first.

Because the camera partnerships are infallible? It's not helpful to the OP to state as fact things that you can't be certain of.

That's why I used "almost", it's not certain.

You said there was "almost" no chance the NIP posted after 14 days will be the first one (albeit the one in the OP wasn’t posted after 14 days), you then said that the first one "must" have gone somewhere else first - an assertion of fact.


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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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Churchmouse
post Sat, 6 Jan 2018 - 10:12
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The week before Christmas should be officially celebrated as NIP-Avoidance Week...

--Churchmouse
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squaredeal
post Sat, 6 Jan 2018 - 14:13
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The thing is, that the PentiP software used by all police forces for the issue of the NIP actually will not print out a NIP if the offence date is 14 days ago due to a pre-set parameter.
Which is a pain in the butt if there is a legitimate reason for the NIP going out after 14 days when a workaround has to be put in place.
So in Baggie Boys defence he was half right.
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NewJudge
post Sat, 6 Jan 2018 - 14:51
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QUOTE (squaredeal @ Sat, 6 Jan 2018 - 14:13) *
The thing is, that the PentiP software used by all police forces for the issue of the NIP actually will not print out a NIP if the offence date is 14 days ago due to a pre-set parameter.

How do they issue second or subsequent NIPs then?
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peterguk
post Sat, 6 Jan 2018 - 15:00
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QUOTE (NewJudge @ Sat, 6 Jan 2018 - 14:51) *
QUOTE (squaredeal @ Sat, 6 Jan 2018 - 14:13) *
The thing is, that the PentiP software used by all police forces for the issue of the NIP actually will not print out a NIP if the offence date is 14 days ago due to a pre-set parameter.

How do they issue second or subsequent NIPs then?



I assume that if a first NIP was raised, then subsequent NIPs can be raised too.


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NewJudge
post Sat, 6 Jan 2018 - 15:06
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QUOTE (peterguk @ Sat, 6 Jan 2018 - 15:00) *
I assume that if a first NIP was raised, then subsequent NIPs can be raised too.

So it's just the first NIP that cannot be issued late, then?
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big_mac
post Sat, 6 Jan 2018 - 18:18
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QUOTE (squaredeal @ Sat, 6 Jan 2018 - 14:13) *
The thing is, that the PentiP software used by all police forces for the issue of the NIP actually will not print out a NIP if the offence date is 14 days ago due to a pre-set parameter.

14 days ago, or over 14 days? If it is on day 14, then couldn't it still be correctly served by hand?
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peterguk
post Sat, 6 Jan 2018 - 18:20
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QUOTE (big_mac @ Sat, 6 Jan 2018 - 18:18) *
QUOTE (squaredeal @ Sat, 6 Jan 2018 - 14:13) *
The thing is, that the PentiP software used by all police forces for the issue of the NIP actually will not print out a NIP if the offence date is 14 days ago due to a pre-set parameter.

14 days ago, or over 14 days? If it is on day 14, then couldn't it still be correctly served by hand?


Does the law allow for service of NIP and S.172 by hand?


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big_mac
post Sat, 6 Jan 2018 - 18:30
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QUOTE
A notice required by this section to be served on any person may be served on that person—

(a)by delivering it to him;

(b)by addressing it to him and leaving it at his last known address; or

© by sending it by registered post, recorded delivery service or first class post addressed to him at his last known address.

Any S.172 request could always be served later.

This post has been edited by big_mac: Sat, 6 Jan 2018 - 18:32
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peterguk
post Sat, 6 Jan 2018 - 18:31
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QUOTE (big_mac @ Sat, 6 Jan 2018 - 18:30) *
QUOTE
A notice required by this section to be served on any person may be served on that person—

(a)by delivering it to him;

(b)by addressing it to him and leaving it at his last known address; or

©by sending it by registered post, recorded delivery service or first class post addressed to him at his last known address.



And the S.172?


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