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[NIP Wizard] NIP - Over 14 days - unsure if previous was sent :/
quedex
post Thu, 7 Dec 2017 - 18:06
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - November 2017
Date of the NIP: - 19 days after the offence
Date you received the NIP: - 21 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A3, BETWEEN A272 PETERSFIELD & HAM BARN ROUNDABOUT, HAMPSHIRE
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? - Registered owner
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 - Slow moving traffic on left hand side of road of dual carriageway, overtake (at speed) and just as I'm passing the lorry see the speed camera van just under flyover. Was doing 90mph.

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: Thu, 07 Dec 2017 17:57:13 +0000

Little bit more info here.

Received NIP after 18 days, after checking through a few resources online (including this) seemed a cut and shut unforced delay on the part of the police. Sent my letter off earlier today to dispute it based on being sent late; as such raised nothing on this site.
Had a little nagging thought earlier to check my vehicle registration after challenging in my head again why they'd have taken so long (changed it accordingly when I moved house) and unfortunately there is a slight problem with the address. Bit of an odd one but we live within a road in a set of flats, actual address is along the lines of:

(Number) Flat Name,
Road Name,
Postcode

Seems that when this was processed by the DVLA although they've got my postcode right it omits the flat part and just has:

(Number) Road Name,
Postcode

Went and checked with owner of house where I was potentially concerned it turned up at, they've not long moved in and have shipped a lot of mail back and forth from previous occupants and couldn't tell me for certain if they'd received a similar looking letter to the Constabulary flavoured NIP.

Obviously I've only just noticed this and although postcode is correct, address is a bit spurious and there is the potential something could have already gone out.

Given my letter contesting the validity of the NIP is already in the works shall I just sit tight until I hear back from the local Constabulary? Currently within the first week of correspondence. Thoughts greatly appreciated!
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post Thu, 7 Dec 2017 - 18:06
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BaggieBoy
post Thu, 7 Dec 2017 - 18:49
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Regardless of the validity of the notice, you must still name the driver within 28 days.
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Jlc
post Thu, 7 Dec 2017 - 19:16
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Indeed, did you provide unequivocal response yet?

What exactly did the letter say?

How long ago was the v5 updated? It will be almost certain that they sent the 1st NIP in time but the address 'error' may be a factor in the 'late' delivery.

This post has been edited by Jlc: Thu, 7 Dec 2017 - 19:17


--------------------
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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quedex
post Thu, 7 Dec 2017 - 19:25
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QUOTE (BaggieBoy @ Thu, 7 Dec 2017 - 18:49) *
Regardless of the validity of the notice, you must still name the driver within 28 days.


Understood, will prepare and respond that tomorrow.


QUOTE (Jlc @ Thu, 7 Dec 2017 - 19:16) *
Indeed, did you provide unequivocal response yet?

What exactly did the letter say?

How long ago was the v5 updated? It will be almost certain that they sent the 1st NIP in time but the address 'error' may be a factor in the 'late' delivery.


Letter was based around a template stating I rejected the NIP based on being over 14 days. Had the revelation to actually check the v5 this evening and found the error which if I'm being realistic has probably contributed to me receiving the document late (and potentially for a second time). v5 was updated nearly three years ago upon moving in to current residence.
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Jlc
post Thu, 7 Dec 2017 - 19:29
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You can't reject a notice (there may be a defence). But name the driver asap as a separate offence would be committed.


--------------------
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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peterguk
post Thu, 7 Dec 2017 - 19:34
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QUOTE (quedex @ Thu, 7 Dec 2017 - 19:25) *
if I'm being realistic has probably contributed to me receiving the document late


You're right. If the V5 has incorrect address, it can't be anyone else's fault if mail to that address doesn't get delivered.


--------------------
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Jlc
post Thu, 7 Dec 2017 - 19:58
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QUOTE (peterguk @ Thu, 7 Dec 2017 - 19:34) *
QUOTE (quedex @ Thu, 7 Dec 2017 - 19:25) *
if I'm being realistic has probably contributed to me receiving the document late


You're right. If the V5 has incorrect address, it can't be anyone else's fault if mail to that address doesn't get delivered.

I guess the irony being that the v5 arrived - so why would one doubt the address?


--------------------
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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quedex
post Thu, 7 Dec 2017 - 20:13
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QUOTE (Jlc @ Thu, 7 Dec 2017 - 19:58) *
QUOTE (peterguk @ Thu, 7 Dec 2017 - 19:34) *
QUOTE (quedex @ Thu, 7 Dec 2017 - 19:25) *
if I'm being realistic has probably contributed to me receiving the document late


You're right. If the V5 has incorrect address, it can't be anyone else's fault if mail to that address doesn't get delivered.

I guess the irony being that the v5 arrived - so why would one doubt the address?


Didn't think about that! Well I'll see how they respond. Thanks for all the input so far all.
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The Rookie
post Fri, 8 Dec 2017 - 03:52
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It doesn't affect your legal position, the fact one piece of incorrectly addressed mail arrived doesn't guarantee the next will.


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