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NIP 33 days after offence, Offence 06/05 Nip dated 06/06
sbristol121
post Tue, 12 Jun 2018 - 12:02
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EDIT - Just so i don't waste peoples time, turns out i fundamentally misunderstood my finance agreement the NIP has been sent correctly and i'm banged to rights lessons on doing your checks first learnt.



Hi all

So i'm hoping this is a fairly simple one. I got caught doing 57 on a variable 50 motorway on 06/05/2028 didn't even notice but that's no odds.
Fast forward to 08/06/2018 and i find out about this via the NIP arriving in the post.
I am the registered keeper and have had the car for 3 years, am the only driver and it was sent to my home address so there should be no argument that they would have struggled to find me.

So the NIP has arrived 33 days after the offence and is clearly dated 06/06/2018 so still well past the 14 days. So from reading the other posts i should send the time expired letter which i have just written up and made copies of the paperwork highlighting the dates.

My main question is what to do re the NIP and signing, there seems to be some dispute on the main thread. Due to my job (I won't specify the exact role) i have to be very careful about becoming involved in legal issues and so the last thing i want to is get caught up failing to provide the 172 correctly.

The NIP is attached for reference and all advice is greatly appreciated!



This post has been edited by sbristol121: Tue, 12 Jun 2018 - 14:36
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post Tue, 12 Jun 2018 - 12:02
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southpaw82
post Tue, 12 Jun 2018 - 12:24
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You need to comply with the s 172 request. You can do that by including the details in the signed letter. I’m not aware of any ambiguity on that point.


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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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Jlc
post Tue, 12 Jun 2018 - 13:12
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Is the address on your v5 spot on?

It would be unusual in the extreme for the 1st NIP to be sent out so late. It could be a 'reminder' or the first one had an issue - and perhaps they've now checked the MIB. Never straightforward...

For England/Wales the s172 response needs to be unequivocal and signed.


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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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The Rookie
post Tue, 12 Jun 2018 - 13:17
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If you try and use the '14 day defence' the Police will almost certainly take it to court and leave a bench to decide one way or another, so that would be a very expensive exercise if you are wrong. It is of course possible its a 'reminder' (no they don't always say that and yes some do look identical to the original NIP) and a polite enquiry to the Police may clarify that, but check your V5c minutely for any errors, have you moved in that three years for example?


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

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sbristol121
post Tue, 12 Jun 2018 - 13:47
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Thanks for the reply after a bit of digging it turns out i'm just going to have to suck it up, i own the car on a part rental / finance agreement i was under the assumption that being as the car is RO'd to me and they would have sent the first NIP directly to me. Having double checked with the company turns out not and the first NIP went to them so i'm down the creek without a paddle.

Thanks for all advice regardless!
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southpaw82
post Tue, 12 Jun 2018 - 13:51
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QUOTE (sbristol121 @ Tue, 12 Jun 2018 - 14:47) *
Thanks for the reply after a bit of digging it turns out i'm just going to have to suck it up, i own the car on a part rental / finance agreement i was under the assumption that being as the car is RO'd to me and they would have sent the first NIP directly to me. Having double checked with the company turns out not and the first NIP went to them so i'm down the creek without a paddle.

Thanks for all advice regardless!

So presumably you are not the registered keeper (there being no such thing as a registered owner)?


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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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sbristol121
post Tue, 12 Jun 2018 - 14:03
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I guess working from this basis no i just presumed i was, its been ages since i read my policy documents in all honesty, learn something new every day i guess.
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southpaw82
post Tue, 12 Jun 2018 - 14:08
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QUOTE (sbristol121 @ Tue, 12 Jun 2018 - 15:03) *
I guess working from this basis no i just presumed i was, its been ages since i read my policy documents in all honesty, learn something new every day i guess.

What policy documents? Your vehicle’s V5C will tell you who the registered keeper is.


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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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andy_foster
post Tue, 12 Jun 2018 - 14:26
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QUOTE (southpaw82 @ Tue, 12 Jun 2018 - 15:08) *
What policy documents? Your vehicle’s V5C will tell you who the registered keeper is.


Err, no it won't because he does not have the V5C as he is not the RK (despite explicitly telling us that he is in his first post).


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Andy

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sbristol121
post Tue, 12 Jun 2018 - 14:32
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The finance policy i took out, i have never had to think about that until this ticket and its been three years since i went into the agreement. turns out I've fundamentally misunderstood one aspect of my agreement for the last few years.

Apologies for time wasted, the help was appreciated though!

This post has been edited by sbristol121: Tue, 12 Jun 2018 - 14:34
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Slapdash
post Tue, 12 Jun 2018 - 14:51
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There do seem to be some variances now on finance companies and RK's.

My daughter had a BMW and no V5C. Now she has a merc on Merc finance PCP and does have a V5C (in her name and address).
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southpaw82
post Tue, 12 Jun 2018 - 14:56
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QUOTE (andy_foster @ Tue, 12 Jun 2018 - 15:26) *
QUOTE (southpaw82 @ Tue, 12 Jun 2018 - 15:08) *
What policy documents? Your vehicle’s V5C will tell you who the registered keeper is.


Err, no it won't because he does not have the V5C as he is not the RK (despite explicitly telling us that he is in his first post).

The vehicle’s V5C will tell him who the RK is. That he doesn’t have it and that it doesn’t name him as the RK don’t change that.


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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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