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[NIP Wizard] Due Care & Attention. Within 14 Days But Missing Location + Reg Typo
Jjj123.2018
post Tue, 25 Jun 2019 - 20:56
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: -
Date of the NIP: -
Date you received the NIP: -
Location of offence (exact location as it appears on the NIP: important): -
Was the NIP addressed to you? -
Was the NIP sent by first class post, second class or recorded delivery? -
If your are not the Registered Keeper, what is your relationship to the vehicle? -
How many current points do you have? -
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 -

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? - Yes
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
- Unsure

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: Tue, 25 Jun 2019 20:56:15 +0000

This post has been edited by Jjj123.2018: Tue, 25 Jun 2019 - 21:26
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post Tue, 25 Jun 2019 - 20:56
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Jjj123.2018
post Tue, 25 Jun 2019 - 21:06
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - June 2019
Date of the NIP: - 8 days after the offence
Date you received the NIP: - 9 days after the offence
Location of offence (exact location as it appears on the NIP: important): - [ExactLocation] - the letter only displays the mail merge tag!
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? - 6
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 - 6 points but have expired so no rotting up and due to expire in November 19.

The NIP has the location missing completely and also the car ref is spelt incorrectly (last 2 digits the wrong way around).

I traced back my day and I remember overtaking a Learner driver who was driving at least 15mph below the speed limit at the time mentioned. No flashing occurred, no gestures and the road ahead was clear to do so, although I think it may have been a double solid white line. I have a very loud car, 5.0l V8 and overtook quickly, but not recklessly at all as the charge suggests. Seems to me like a very bored driving instructor. My only concern is that if it is a double white line, the busy body may well have a dashcam.

I have a section 172 requesting details of the driver. I also have a letter saying proceedings are being considered against the driver - both correctly addressed to me but with the missing location and wrong Reg.

Would I be best leaving the 172 until the date of the incorrect NIP has passed?


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? - Yes
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
- Unsure

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: Tue, 25 Jun 2019 21:06:42 +0000
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Logician
post Wed, 26 Jun 2019 - 01:11
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I would wait until 14 days after the date of the alleged incident and reply stating that the vehicle registration (the number they have given) is not registered to you and you have no knowledge of it and can give no information concerning it. If they send you another letter with the registration of the car you do own, you must name yourself as the driver if it then has a correct location, but can point out that it is dated more than 14 days after the date of the alleged offence. If it again has no location, you can say you were driving the car at the time, but they have not given a location for the alleged offence.


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Jjj123.2018
post Wed, 26 Jun 2019 - 21:11
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Thank you for the reply. I thought that might be the best course of action after reading a few other threads... sounds like I may have a get out of jail free card here?!

If they’ve sent me a NIP with my correct name, does that mean if they send me another NIP it would be void if after the 14 days?

Weirdly they sent it to my flat address even though the V5 is registered to my parents address. Guessing they got it from my insurer, so they must have the correct Reg number to have sent the letter?
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Logician
post Wed, 26 Jun 2019 - 22:50
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It sounds like a complete muddle, what they have to do is send a NIP to the registered keeper (or the driver) a NIP to be received within 14 days, unless they cannot do that using exercising reasonable diligence. The NIP must contain sufficient information about the location to enable it to be identified. They seemed to have failed all round.


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Jjj123.2018
post Thu, 27 Jun 2019 - 15:08
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Will do as you suggest and post back the outcome! Thanks Logician
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Jjj123.2018
post Sat, 13 Jul 2019 - 22:55
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So I wrote the letter back as advised (recorded delivery). Today I have now received a new NIP, this time with my correct car registration and the location which I was driving on that day. The NIP is now dated 22 days after the event. This time no “FIRST CLASS” stamped on the letter and sent second class. I assume next step is to say I was driving the vehicle at this time but do not recall any period driving without due care and attention and then request that the case is dropped due to the NIP being after 14 days? Do I have an issue that the original incorrect NIP that came through still had my name and address correct but the wrong Reg and no location?

Thanks!
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The Rookie
post Sun, 14 Jul 2019 - 06:08
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You have to reply naming the driver.

Personally I wouldn’t mention the allegation but instead point out that the NIP was served outside the required 14 days and that they will be well aware no further action can be taken. Otherwise they are likely to make you offers (you could refuse) in the hope you aren’t aware.


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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!

S172's
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cp8759
post Sun, 14 Jul 2019 - 19:32
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QUOTE (The Rookie @ Sun, 14 Jul 2019 - 07:08) *
You have to reply naming the driver.

Personally I wouldn’t mention the allegation but instead point out that the NIP was served outside the required 14 days and that they will be well aware no further action can be taken.

+1


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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