[NIP Wizard] jass |
[NIP Wizard] jass |
Fri, 17 Jan 2014 - 13:54
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#1
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New Member Group: Members Posts: 3 Joined: 15 Jan 2014 Member No.: 67,989 |
NIP Details and Circumstances
What is the name of the Constabulary? - Date of the offence: - December 2013 Date of the NIP: - 33 days after the offence Date you received the NIP: - 35 days after the offence Location of offence (exact location as it appears on the NIP: important): - M1 Northbound 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? - Company 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 dont really have a description. I received the NIP and it was a bit of a nasty surprise! 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:
Generated by the PePiPoo NIP Wizard v3.3.2: Fri, 17 Jan 2014 13:50:22 +0000 Related to my other post http://forums.pepipoo.com/index.php?showtopic=86989 |
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Fri, 17 Jan 2014 - 13:54
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Fri, 17 Jan 2014 - 14:00
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#2
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Member Group: Members Posts: 40 Joined: 27 Oct 2013 Member No.: 66,269 |
It is very vague and non specific location. Is it the same location on both of your NIPs?
Guess, you have a valid case for Vague Location defence |
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Fri, 17 Jan 2014 - 14:13
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#3
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Member Group: Members Posts: 9,529 Joined: 5 May 2011 From: UK Member No.: 46,399 |
A vague locus challenge only applies to an NIP which is mandated by RTOA 1988. This went to the company. What the OP has received is not an NIP which is legally required so can the OP be disadvantaged by a document which is optional? A point for legal discussion I suspect.
In any event the OP must reply within 28 days of receiving the notice naming the driver. He can of course state the NIP is too vague but at this time we don't know if it is or even if it is whether it disadvantages him. |
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Mon, 20 Jan 2014 - 05:03
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#4
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
I agree, but it is very unlikely that the NIP to the registered keeper used anything but the same description of the location.
I also suspect that is not the location given and that this is yet another from the HADECameraSystem in the VariableSpeedLimit section. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Mon, 20 Jan 2014 - 18:29
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#5
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Member Group: Members Posts: 3,283 Joined: 5 Jan 2012 Member No.: 52,178 |
A vague locus challenge only applies to an NIP which is mandated by RTOA 1988. This went to the company. What the OP has received is not an NIP which is legally required so can the OP be disadvantaged by a document which is optional? In this case, I would say "yes, possibly". The M1 is a very long road. Even if restricted to the counties named, Beds & Herts (M1 doesn't go through Cambridgeshire), then there is plenty of scope to switch drivers somewhere along the way. The NIP may give the time, which could help in such a scenario, but it would be easy to change drivers quickly somewhere without noticing the time, especially as it's now over a month later. However, this is all a bit theoretical. For all we know, the OP was the only driver on the day, or the NIP does, in fact, say more than the OP has stated. Need more detail from the OP to make any sensible response. This post has been edited by The Slithy Tove: Mon, 20 Jan 2014 - 18:29 |
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Mon, 20 Jan 2014 - 22:03
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#6
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Member Group: Members Posts: 9,529 Joined: 5 May 2011 From: UK Member No.: 46,399 |
A vague locus challenge only applies to an NIP which is mandated by RTOA 1988. This went to the company. What the OP has received is not an NIP which is legally required so can the OP be disadvantaged by a document which is optional? In this case, I would say "yes, possibly". The M1 is a very long road. Even if restricted to the counties named, Beds & Herts (M1 doesn't go through Cambridgeshire), then there is plenty of scope to switch drivers somewhere along the way. The NIP may give the time, which could help in such a scenario, but it would be easy to change drivers quickly somewhere without noticing the time, especially as it's now over a month later. However, this is all a bit theoretical. For all we know, the OP was the only driver on the day, or the NIP does, in fact, say more than the OP has stated. Need more detail from the OP to make any sensible response. You have to distinguish from a vague s172 and a vague NIP. The OP has not in law received a statutory NIP so what he has is merely a notice telling him of the allegation. If he has swapped drivers he may have a defence to a vague s172 requirement if he can show the court he could not supply the required detail because of a defect in the s172 requirement. |
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