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[NIP Wizard] NIP not received, final reminder received 7 weeks after offense.
Jollygreengiant
post Sun, 27 Aug 2017 - 23:01
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - July 2017
Date of the NIP: - 47 days after the offence
Date you received the NIP: - 54 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A3212 Millbank nr Thorney St S/B SW1 (8505), UNITED KINGDOM
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Second
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 returned from holiday, to find a 'final reminder' of a NIP on my doormat. I have received no notices prior to this.

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? - No
Was there a valid reason for the NIP's late arrival? - 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? - Unsure
Do you know who was driving? - Unsure who was driving

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: Sun, 27 Aug 2017 23:01:42 +0000
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post Sun, 27 Aug 2017 - 23:01
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peterguk
post Sun, 27 Aug 2017 - 23:36
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So your first task is to simply name the driver and return the form ASAP.

Why are you unsure who was driving? You know the date, time and location. Who else could have been driving?

What was the alleged speed? What was the posted limit?

This post has been edited by peterguk: Sun, 27 Aug 2017 - 23:36


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NewJudge
post Mon, 28 Aug 2017 - 10:08
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Yes you are fortunate to have received a reminder so long after the offence. If you want to defend this matter (on the basis that no NIP was received) the onus will be on you to prove it (not easy and by no means guaranteed to succeed). Unless you are confident you can prove the NIP was not served on you a concerted effort to name the driver is probably the most pragmatic approach.
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andy_foster
post Mon, 28 Aug 2017 - 10:16
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If the driver is not identified, the speeding charge would have no legs and the late NIP defence would itself be irrelevant, the only issues regarding non service being whether the court accepted that it was not served, and the effect that it had on the OP's ability to determine who was driving.


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Andy

"Whatever the intention of Parliament was, or was not, the law is quite clear." - The Rookie
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NewJudge
post Mon, 28 Aug 2017 - 10:32
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Yes. By "being pragmatic" I was suggesting that the OP might not want the matter to escalate to a "Failure to provide driver's details" charge which it surely will if he makes no response on the basis that he alleges that he received no NIP and no accompanying request for details. If he does not want this to happen then, having already committed the S172 offence (subject to any successful statutory defence), he might prefer this easier and potentially less expensive course of action.
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