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[NIP Wizard] Wrong location and speed limit on NIP
pt123
post Tue, 18 Dec 2018 - 15:50
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - December 2018
Date of the NIP: - 7 days after the offence
Date you received the NIP: - 11 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Spring Road, North of motorway bridge, opps Latham Lane, Wigan, UNITED KINGDOM
Was the NIP addressed to you? - Yes
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? -
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 have received a NIP for the alleged offence of "EXCESS SPEED (30 MPH)." The recorded speed was 48 MPH.

However I have never been to the location stated on the NIP.

Looking back at my google tracking history from my mobile I was at the time of the alleged offence driving the car some 20 miles away travelling to a supplier. Having looked at the image provided by GMP online it seems to confirm that was the case. The posted speed limit in the location I was actually driving is 40MPH.


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? - Yes
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: Tue, 18 Dec 2018 15:50:49 +0000

This post has been edited by pt123: Tue, 18 Dec 2018 - 17:01
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post Tue, 18 Dec 2018 - 15:50
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bearclaw
post Tue, 18 Dec 2018 - 16:05
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For clarification - does GMP's photo show the other location where you were or where they say you were? Is it clearly your car in the photo?

My response to this would be a bemused phone call to the ticket office asking what is going on as you were proveable 20 miles off etc and have work dockets etc... They may cancel from embarrassment.

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Redivi
post Tue, 18 Dec 2018 - 16:15
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But wait a few days to prevent them sending a corrected NIP before the 14 days deadline
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pt123
post Tue, 18 Dec 2018 - 16:17
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QUOTE (bearclaw @ Tue, 18 Dec 2018 - 16:05) *
For clarification - does GMP's photo show the other location where you were or where they say you were? Is it clearly your car in the photo?

My response to this would be a bemused phone call to the ticket office asking what is going on as you were proveable 20 miles off etc and have work dockets etc... They may cancel from embarrassment.



Yes - GMP's photograph is clear enough as my car and someone who looks very much like me - good evidence, in my defence!?

In any case I will complete the S172 form as I was clearly driving the car at that time.

All things considered, I suspect they have issued with a NIP with the wrong location and speed limit on it - time, date and recorded speed could be correct?!



QUOTE (Redivi @ Tue, 18 Dec 2018 - 16:15) *
But wait a few days to prevent them sending a corrected NIP before the 14 days deadline


That was also in my mind!
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bearclaw
post Tue, 18 Dec 2018 - 16:24
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You are at least 11 days along from the date so I'd wait until at least day 15 then call them up first... try the "I wasnt there I was here instead so I dont understand" routine... if thney cancel great - but get it in writing.

As for the S172 - you were not at that time and location..... You dont have to use their preselected templates. I'd send it back saying I was driving at this time somewhere on a journey from xxx to yyy along road zzz and make sure it's not at the specified location in the NIP.
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pt123
post Tue, 18 Dec 2018 - 16:39
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Many thanks for the advice, I will pause for a week and then give them a call. Will post an update in due course.
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Redivi
post Tue, 18 Dec 2018 - 16:40
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In any case I will complete the S172 form as I was clearly driving the car at that time.

You have to complete it anyway but make very clear that it was not at the location
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pt123
post Thu, 20 Dec 2018 - 20:15
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Today I received a letter signed "On behalf of the CTO Manager" stating that "due to a clerical error this notice has now been cancelled" and apologising for any inconvenience!

Fingers crossed wink.gif
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bearclaw
post Thu, 20 Dec 2018 - 21:09
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Well it sounds like good news but cynical me I'd still send back the S178! Just to be sure.
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cp8759
post Thu, 20 Dec 2018 - 21:18
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QUOTE (bearclaw @ Thu, 20 Dec 2018 - 21:09) *
Well it sounds like good news but cynical me I'd still send back the S172! Just to be sure.

So would I


--------------------
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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pt123
post Mon, 7 Jan 2019 - 18:37
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I sent back a copy of they S172, the cancellation letter and a short note confirming that I was driving at the stated time but I was not at the stated location.

Hopefully that was a fortunate result! Many thanks smile.gif
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