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"Slip Law/Rule" question, Mistakes on NIPs
Juan Carr
post Fri, 13 Sep 2019 - 16:19
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Hello,

First post so please be gentle biggrin.gif

I have a situation; booting it back from deepest, darkest Cornwall to Cardiff on 24th August when I encountered a mobile camera unit (a van).

No qualms from me, I was doing probably 88-90mph in a 70mph. It's a fair cop guv. Hopefully they'll offer me a SAC and I'll take my punishment like a man.

So I wait for the NIP. And I wait. And I wait. 7th September comes and I'm doing the hokey-cokey because I think I've got away with it. I don't know how but God be praised.

However, on 12th September, it duly arrives; the date on the NIP is 10th September.

So, 17 days from "offence" to date on NIP, 19 days from "offence" to receipt of said NIP.

Bingo, I think. They haven't issued it within 14 days (in fact, the date on the document itself pretty much blows their case out of the water).

So I phone them up and explain that their NIP is time-barred. The very jolly girl tells me "oh, that will be covered by something known as the slip law, if you did it you still need to pay the fine or course fee".

Is it really that simple for them to ignore the 14 day time limitation and hide behind the "slip law/rule"?

Thank you for reading; all responses greatly appreciated!
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post Fri, 13 Sep 2019 - 16:19
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BaggieBoy
post Fri, 13 Sep 2019 - 16:23
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Girl is confused, slip rule is regarding minor errors on court documents.

So are you the actual Registered Keeper? Do you have the V5C document? Is the address correct?
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Juan Carr
post Fri, 13 Sep 2019 - 16:37
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QUOTE (BaggieBoy @ Fri, 13 Sep 2019 - 17:23) *
Girl is confused, slip rule is regarding minor errors on court documents.

So are you the actual Registered Keeper? Do you have the V5C document? Is the address correct?


Yep. I am the RK, the V5C document is in my name and everything about it is correct.
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blackcross
post Fri, 13 Sep 2019 - 16:44
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Get back on to the camera unit and ask them to confirm the date on which they first sent out a NIP, and the address to which it was sent.
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Jlc
post Fri, 13 Sep 2019 - 16:47
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What’s the DOCREF date at the bottom of page 2? (In DD MM YY format)

The driver still needs naming even if it is late.


--------------------
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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Juan Carr
post Fri, 13 Sep 2019 - 17:02
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QUOTE (Jlc @ Fri, 13 Sep 2019 - 17:47) *
What’s the DOCREF date at the bottom of page 2? (In DD MM YY format)

The driver still needs naming even if it is late.


10092017

The form doesn't seem to allow for naming the driver without accepting guilt insofar as I did it (no denials from me) but their document is, as far as I am concerned, timebarred; I can certainly return it pleading not guilty but methinks that will open up a whole can of worms because they'll issue a court date?
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Redivi
post Fri, 13 Sep 2019 - 17:04
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If the NIP is dated 10th, it was already late when it was sent

Much too early to be a reminder

Yes; make sure you don't miss the deadline to name the driver
You can include a note that the NIP was sent out of time

Keep a copy and ask the Post Office for a free certificate of sending

Naming the driver is only an admission of who was driving, not that the driver committed the offence
That's the reasoning that was used to get around the Human Rights Act regarding self-incrimination

Similarly you're not pleading to anything because you haven't been charged with anything

Including a note with the form now is the best (and probably only) way to prevent a court date
The police will have to come up with a reason to justify the late NIP or cancel the case

If you don't warn them now, they'll send the COFP
It's then more difficult to get it cancelled and, if you simply ignore it, a prosecution will certainly follow



This post has been edited by Redivi: Fri, 13 Sep 2019 - 17:11
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NewJudge
post Fri, 13 Sep 2019 - 17:35
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QUOTE (Juan Carr @ Fri, 13 Sep 2019 - 18:02) *
I can certainly return it pleading not guilty ...

Are you being asked to enter a plea?
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BaggieBoy
post Fri, 13 Sep 2019 - 17:39
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Probably an Avon and Somerset "SuperNIP".
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