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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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big_mac
post Sat, 6 Jan 2018 - 18:37
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QUOTE (peterguk @ Sat, 6 Jan 2018 - 18:31) *
And the S.172?

It's irrelevant to the timing of the NIP. If one is needed then it can always be served later.
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cp8759
post Sat, 6 Jan 2018 - 18:40
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QUOTE (peterguk @ Sat, 6 Jan 2018 - 18:31) *
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?

Section 172 must be served by post.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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peterguk
post Sat, 6 Jan 2018 - 18:49
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QUOTE (big_mac @ Sat, 6 Jan 2018 - 18:37) *
QUOTE (peterguk @ Sat, 6 Jan 2018 - 18:31) *
And the S.172?

It's irrelevant to the timing of the NIP. If one is needed then it can always be served later.


I know. But i've yet to hear of a NIP being delivered by hand, followed by a posted S.172 some time later.


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squaredeal
post Sat, 6 Jan 2018 - 18:52
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QUOTE (NewJudge @ Sat, 6 Jan 2018 - 16:06) *
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?

The system knows the difference between a first (and only real) NIP and subsequent NIP/s172 and will reissue the latter as many times as required.
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cp8759
post Sat, 6 Jan 2018 - 21:08
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QUOTE (peterguk @ Sat, 6 Jan 2018 - 18:49) *
QUOTE (big_mac @ Sat, 6 Jan 2018 - 18:37) *
QUOTE (peterguk @ Sat, 6 Jan 2018 - 18:31) *
And the S.172?

It's irrelevant to the timing of the NIP. If one is needed then it can always be served later.


I know. But i've yet to hear of a NIP being delivered by hand, followed by a posted S.172 some time later.

Depends how determined they are to prosecute. I'm quite sure that for a routine offence they would not bother, but I'm sure if an officer really wanted to, and the offender were local to his patch, it could be arranged.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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agtlaw
post Thu, 11 Jan 2018 - 08:18
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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


21.12.2017 is day 0. 5.1.2018 is day 14.

Deemed service discussion is irrelevant when actual service was completed within 14 days.
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cp8759
post Thu, 11 Jan 2018 - 08:30
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QUOTE (agtlaw @ Thu, 11 Jan 2018 - 08:18) *
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


21.12.2017 is day 0. 5.1.2018 is day 14.

Deemed service discussion is irrelevant when actual service was completed within 14 days.

Well this is debatable to say the least. How are the prosecution going to prove service was effected on day 14?


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Colin_S
post Thu, 11 Jan 2018 - 08:33
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QUOTE (agtlaw @ Thu, 11 Jan 2018 - 08:18) *
21.12.2017 is day 0. 5.1.2018 is day 14.

Deemed service discussion is irrelevant when actual service was completed within 14 days.


5th Jan is 15 days.

21 -0
22-1
23-2
24-3
25-4
26-5
27-6
28-7
29-8
30-9
31-10
1-11
2-12
3-13
4-14
5-15

This post has been edited by Colin_S: Thu, 11 Jan 2018 - 08:33
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agtlaw
post Thu, 11 Jan 2018 - 09:03
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Correct. Fire alarm at 5 a.m. didn’t help. Need more sleep
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agtlaw
post Thu, 11 Jan 2018 - 11:15
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QUOTE (cp8759 @ Thu, 11 Jan 2018 - 08:30) *
QUOTE (agtlaw @ Thu, 11 Jan 2018 - 08:18) *
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


21.12.2017 is day 0.

Deemed service discussion is irrelevant when actual service was completed within 14 days.

Well this is debatable to say the least. How are the prosecution going to prove service was effected on day 14?


Burden is actually on D to show non compliance. See s. 1(3) of the 1988 Act.

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progbloke
post Thu, 11 Jan 2018 - 12:09
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Which they will do. A notice dated 14 days after the offence can't arrive 14 days after the offence, unless it was printed off and delivered by hand the same day.
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Dwaynedouglas
post Fri, 12 Jan 2018 - 08:14
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OP, do you have the delivery envelope?

This could help identify how likely it was to have been hand delivered.


--------------------
I'm not a lawyer or legally trained, my opinion is based on my experience - follow at your own risk.
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