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[NIP Wizard] NIP Wizard - Scotland
shy
post Thu, 27 Jun 2019 - 17:21
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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: - 5 days after the offence
Date you received the NIP: - 6 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A956 North Esplanade West, Aberdeen, near Raik Road
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 -

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? - No
Do you know who was driving? - Yes

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • Complete the Section 172 statement naming the person you believe was driving.
    You aren't incriminating them - they'll receive a NIP to complete themselves in due course.

    (You might also like to let that person know that they can expect to receive one, and give them the link to this Wizard for when it arrives!)

Generated by the PePiPoo NIP Wizard v3.3.2: Thu, 27 Jun 2019 17:21:28 +0000
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post Thu, 27 Jun 2019 - 17:21
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The Rookie
post Thu, 27 Jun 2019 - 17:58
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As above, just reply naming the driver.


--------------------
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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Jlc
post Thu, 27 Jun 2019 - 18:47
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QUOTE (The Rookie @ Thu, 27 Jun 2019 - 18:58) *
As above, just reply naming the driver.

?


--------------------
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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The Rookie
post Thu, 27 Jun 2019 - 18:56
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QUOTE (Jlc @ Thu, 27 Jun 2019 - 19:47) *
QUOTE (The Rookie @ Thu, 27 Jun 2019 - 18:58) *
As above, just reply naming the driver.

?

Op not the driver, knows who they are?


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
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Jlc
post Thu, 27 Jun 2019 - 19:01
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Aha... My bad!

This post has been edited by Jlc: Thu, 27 Jun 2019 - 19:01


--------------------
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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shy
post Sun, 14 Jul 2019 - 08:11
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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: - 21 days after the offence
Date you received the NIP: - 22 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A956 North Esplanade West, Aberdeen, near Raik Road
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Not known
If your are not the Registered Keeper, what is your relationship to the vehicle? - User. Partner is registered keeper.
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 - General speeding. Wasn't even aware of a camera van being present until NIP received so there is little memory of the event.

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)? - No
Is the NIP addressed to you personally? - Yes
Although you are not the Registered Keeper, were you 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? - Scotland

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.

    Depending on your circumstances, you may wish to consider completing the form, but returning it unsigned. By doing so there is a risk that you will be convicted under s172, which would attract 6 penalty points and a fine; in most cases this is likely to exceed the penalty for the speeding offence itself.

    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: Sun, 14 Jul 2019 08:10:41 +0000

Updated after naming the driver as per NIP wizard recommendation. What next? unsure.gif
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BaggieBoy
post Sun, 14 Jul 2019 - 08:22
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Person named will get their own notice, at that point they will need to "own" up to being the driver by returning a signed S172 request or as the NIP wizard says they have the option to return it "unsigned".
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BrianB
post Sun, 14 Jul 2019 - 08:54
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Looks like the first NIP went to the RK, and this is now the second NIP to the named driver. No late NIP defence.
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The Rookie
post Sun, 14 Jul 2019 - 12:06
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As for any Scottish case, unsigned is an option, read up on it and then come back with any questions you have if you think it’s right for you.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
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shy
post Sun, 14 Jul 2019 - 18:57
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Where do I read up? The link from the NIP wizard is from many years ago. Has anything changed since then?

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BaggieBoy
post Sun, 14 Jul 2019 - 19:15
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Not really. We are not aware of a case where an unsigned nomination has ever resulted in a conviction. The other side will take it to the wire but they have always dropped the case right at the last possible time.
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shy
post Sun, 14 Jul 2019 - 19:47
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Ok thanks. Will chance it. Does the fact that I’ve named the driver make a difference? Meaning the original NIP was to me. What details are required minus the signature?
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The Rookie
post Mon, 15 Jul 2019 - 04:45
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Makes no difference, unless you were in the passenger seat you can’t name the driver (just who you think it was) and the police don’t know if you were there or not. A reply naming someone else has no evidential value as to driver identity.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
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shy
post Mon, 15 Jul 2019 - 05:35
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Ok. Finally how do I complete the form and what do I need to say to cops if they turn up?
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The Rookie
post Mon, 15 Jul 2019 - 11:03
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You complete the form as required, all except the signature.

You send it back to arrive just before or on day 28.(day ONE was when it was served, or it was assumed served two WORKING days after it was dated. Use as much time up as you can.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
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andy_foster
post Mon, 15 Jul 2019 - 13:18
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QUOTE (shy @ Mon, 15 Jul 2019 - 06:35) *
Ok. Finally how do I complete the form and what do I need to say to cops if they turn up?


Depends on who "I" is. Do you currently identify as the RK who wasn't driving, or do you identify as the driver?


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

"Whatever the intention of Parliament was, or was not, the law is quite clear." - The Rookie
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shy
post Mon, 15 Jul 2019 - 18:41
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QUOTE (andy_foster @ Mon, 15 Jul 2019 - 14:18) *
QUOTE (shy @ Mon, 15 Jul 2019 - 06:35) *
Ok. Finally how do I complete the form and what do I need to say to cops if they turn up?


Depends on who "I" is. Do you currently identify as the RK who wasn't driving, or do you identify as the driver?


Ok so how does the missus complete the form? I’m RK and she was driving.
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BaggieBoy
post Mon, 15 Jul 2019 - 19:45
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Tricky one....how about filling in each box with the information requested?
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shy
post Mon, 15 Jul 2019 - 20:26
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QUOTE (BaggieBoy @ Mon, 15 Jul 2019 - 20:45) *
Tricky one....how about filling in each box with the information requested?


Haha very good. Now I understand it’s the missing signature which is key. Done.

If cops visit?
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Logician
post Mon, 15 Jul 2019 - 23:10
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You say you have supplied the information requested. If they ask you to sign it, you decline to do so, and opine that Scots law does not require that.


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