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NIP / Old Address / Correct V5
dbrown78
post Thu, 16 May 2019 - 16:33
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Hopefully someone could offer some advice, the Wizard doesn't work as well for this case...

I was stopped by an unmarked car whilst overtaking on the motorway. The Officer claimed they were doing 105, I advised I was accelerating but did not believe to be doing the speed he was doing. It was an Astra and did not appear to have any capture equipment, it was wholly the officer's opinion on the speed.

The NIP was sent within 14 days to my previous address. The registered keeper at the DVLA shows my current (correct) address and the doc ref date on the V5 is dated several months before the incident.

The date of the offence is also slightly wrong.

At the time of the stop, I provided my correct DL info/address where I reside currently. The registered keeper on the v5 also matched that address.

All in all, the whole stop was a farce, completely unprofessional and I didn't even realise I was going to get prosecuted, felt more like a warning.

I have now found out a few months later that the letters were sent to the old address through no fault of my own. The issue is, the only other person in the car with me worked with our company but has since left, I am unlikely to get a statement to back up my version of events as it wasn't on the best of terms.

Any thoughts on potential outcomes or mitigation?

Thanks in advance.


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post Thu, 16 May 2019 - 16:33
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Jlc
post Thu, 16 May 2019 - 16:56
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Roadside stops are harder to use 'administrative' defences. There's no definitive form of verbal NIP but you should be aware of the allegation (speeding) and that you could be pursued for it (prosecuted).

A postal NIP was likely not to be required but some Forces send them anyway - I presume the NIP did not include a request for the driver? (Why the previous address was used is a mystery but is unlikely to matter - other than you may miss any court paperwork)

So what have you received? They have 6 months to commence a prosecution.

That excess can only be dealt with at court. They only have to show that you exceeded the limit, it's the excess that decides the sentencing. Indeed, if there was no 'exact' measurement then there's possibly some room to 'agree' a lesser speed depending on what they allege. (A Newton Hearing)

Assuming a 70mph prevailing limit, that excess is Band C sentencing. Guideline ban of 7-56 days or more likely 6 points. Also, a fine around 1 week's earnings, costs of £85 and surcharge of 10% of the fine (min £30).


--------------------
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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dbrown78
post Thu, 16 May 2019 - 17:08
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Hi ,

Thanks for the quick reply, greatly appreciated.

Having reviewed the documentation so far they've sent a Section 172 which is a request for driver info, not sure if that might help anything.

Thanks again,
Jac
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southpaw82
post Thu, 16 May 2019 - 17:14
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One wonders where they got the old address from if the vehicle details are correct and you gave the correct address. None of this seems fatal to a prosecution though.


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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 Thu, 16 May 2019 - 17:17
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QUOTE (dbrown78 @ Thu, 16 May 2019 - 18:08) *
Having reviewed the documentation so far they've sent a Section 172 which is a request for driver info, not sure if that might help anything.

When was it dated? It's definitely for the same offence?


--------------------
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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Dwain
post Thu, 16 May 2019 - 17:21
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Hi, Whilst we all know it was a roadside stop, if the OP has a 172 request with the wrong date surely they respond with 'I was not driving at that time' and leave it at that.

Dwain
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dbrown78
post Thu, 16 May 2019 - 17:27
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QUOTE (Jlc @ Thu, 16 May 2019 - 18:17) *
QUOTE (dbrown78 @ Thu, 16 May 2019 - 18:08) *
Having reviewed the documentation so far they've sent a Section 172 which is a request for driver info, not sure if that might help anything.

When was it dated? It's definitely for the same offence?


Definitely the same offence, dated 7 days after I was stopped.

QUOTE (southpaw82 @ Thu, 16 May 2019 - 18:14) *
One wonders where they got the old address from if the vehicle details are correct and you gave the correct address. None of this seems fatal to a prosecution though.


I know? I've had a previous run in with a traffic cop previously, not sure if they've used last known address in NPC or something?
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Redivi
post Fri, 17 May 2019 - 14:42
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You can only answer the question that's been asked
It's not your job to guess when it was

Seven days isn't like a few minutes when you can assume it's the same incident

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