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[NIP Wizard] Failure to provide driver identification
fridoos
post Fri, 17 Feb 2017 - 18:21
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - June 2016
Date of the NIP: - 215 days after the offence
Date you received the NIP: - 221 days after the offence
Location of offence (exact location as it appears on the NIP: important): - allan Turing road close to Briscoe lane
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? - 3
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 am due to appear in court for failing to provide driver identity. [ have already pleaded not guilty. I did 45 mph in a 30 mph zone but the letters from the police were not passed on to me, as I was momentarily not on my address
I would like to know what the likely outcome will be. Is there anything I can do?
Thanks for your help in advance,


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? - 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, 17 Feb 2017 18:21:58 +0000

This post has been edited by fridoos: Sun, 19 Feb 2017 - 14:11
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post Fri, 17 Feb 2017 - 18:21
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andy_foster
post Fri, 17 Feb 2017 - 18:25
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What offences have you been charged with - just the s. 172 or s. 172 and speeding?


--------------------
Andy

"Whatever the intention of Parliament was, or was not, the law is quite clear." - The Rookie
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fridoos
post Fri, 3 Mar 2017 - 13:30
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Sorry for late reply. Just 172
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Pete D
post Fri, 3 Mar 2017 - 13:39
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"I was momentarily not on my address" 221 days is not momentarily. Please explain. Pete D
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Jlc
post Fri, 3 Mar 2017 - 14:39
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From: With Mickey
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With only the s172 being charged the chances of any 'plea bargain' are slim to none. (That is to drop the s172 charge if you offer to plead guilty to the speeding)

You can still try this but is difficult. (And legally dubious) There is a case on the forum - here.

Otherwise, you are defending the s172 but there's not enough detail here to advise whether you actually have a viable defence.

This post has been edited by Jlc: Fri, 3 Mar 2017 - 14:39


--------------------
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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