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[NIP Wizard] Leased (Company) Intention to Prosecute (Essex) Timescale
!discontented!
post Wed, 15 Aug 2018 - 05:38
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - July 2018
Date of the NIP: - 23 days after the offence
Date you received the NIP: - 26 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A282 TRUNK ROAD DARTFORD-THROROCK CROSSING
Was the NIP addressed to you? - No
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? - Leased company car (lease plan),
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 - Hi,

Newbee so please be kind! Thanks to Pepipoo aware of 14 day rule for notification of registered keeper....

Drive a leased company car (sole use) and have received a Intention to prosecute stating 'Excess Speed (58mph) - 50 mph-Automatic Camera Device' 18-07-18 (A282 TRUNK ROAD DARTFORD-THRURROCK CROSSING).

The Intention to prosecute (addressed to my employer dated 10/08/18) was passed onto me via email on 13/08/18. Contacted Lease Plan and advised first contact from Essex Police was 3/8/18 (advised need to get info from employer fleet manger if evidence needed)

On this basis offence on 18th July & first contact to registered keeper 3rd Aug equates to 16 days therefore does this effect my situation positivly?

Also date on intention to prosecute (addressed to employer states 10th Aug; 23 days after offence. Finally, my first notification on 13th Aug is 26 days; once again does this effect my situation positively?

NB took speed awareness course in Jan 18 for (57mph in 50)

Have no points atm but job is conditional on license and drive circa 1000 miles per week so desperate to keep license clean if possible.

Thanks to all for assistance if able to offer guidance. Lastly and most importantly potential for points has already modified my driving behaviour so no need to infer about trying to establish a loop hole to avoid consequences, simply trying to prolong employment!


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? - No

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • Do nothing!

    The police are not requesting the information from you, they are requesting it from the person the NIP is addressed to.
    Wait until you receive a NIP addressed to you personally, then come back here.

Generated by the PePiPoo NIP Wizard v3.3.2: Wed, 15 Aug 2018 05:38:11 +0000
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post Wed, 15 Aug 2018 - 05:38
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Jlc
post Wed, 15 Aug 2018 - 05:53
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You need to know for sure who holds the v5.

Only the 1st NIP has the 14 day requirement.

There are some other possibilities for 'delays' such as a change of ownership/address change or new registration.

Real late NIP's are like hen's teeth nowadays.

This post has been edited by Jlc: Wed, 15 Aug 2018 - 06:48


--------------------
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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The Rookie
post Wed, 15 Aug 2018 - 06:00
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As above, genuinely late NIPs are incredibly rare, so you need to be 100% sure of your case, talk to the lease company and get all the relevant details, are they the registered keeper, since what date at that address, what does that 3/8 first contact refer to (date of issue, date received, date opened and looked at in the right department)?

If you can’t be absolutely sure you have this defence it really wouldn’t be worth throwing the course away to run with it.

This post has been edited by The Rookie: Wed, 15 Aug 2018 - 08:46


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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Council PCN's
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Jlc
post Wed, 15 Aug 2018 - 06:49
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OP took course earlier this year so may not qualify.

Forgot to add that the driver identification is required regardless of any ‘late’ situation. But only the addressee should respond.


There’s no known issues with that location. ‘Loop holes’ are virtually nonexistent nowadays.


--------------------
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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Redivi
post Wed, 15 Aug 2018 - 07:41
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As Jlc and the NIP Wizard have pointed out, it's the employer's job to complete the S172, not the OP's

He can reply to the company email to confirm he was driving but should leave any forms well alone
Failure to follow the process has a habit of ending badly
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southpaw82
post Wed, 15 Aug 2018 - 09:13
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What was the date of the first NIP to the lease company? Even if it was received late the presumption is that it was served in time provided that it was posted in good time to be received in time in the ordinary course of the post. If, for some reason it too (say) four days to be delivered instead of two it would be up to you to prove that - by calling the leasing firm to give evidence.


--------------------
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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BaggieBoy
post Wed, 15 Aug 2018 - 09:28
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There also the possibility that the lease company are not the RK, in some cases the vehicle is owned and registered by a finance company.
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