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Who gets the NIP or is one not sent if stopped by police at the scene?
Doorbit
post Fri, 3 Jul 2020 - 13:41
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I was stopped by the police with a speed gun 8 days ago now for speeding, I was spoken to at the scene and had to give my details to the officer which was address name DOB and showed him my licence. The car I was driving was a hire car so I am not the registered keeper of the car. Now my question is will they still get a NIP even though the officer took my name and address as the driver and cautioned me and told me I would be reported for the speeding offence or would it be sent to my house as the police know who was driving the car? Some people have told me that since I was cautioned at the scene this counts as a NIP and the registered keeper nor the driver will get one? If this is the case what will be the next thing I receive? Who do the letters go to if my details were taken and I was caught in the car by the officer speeding
If the next thing I will get is a FPN how long does that take to come through? I was caught doing 45 in a 30 if this helps
Thanks
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post Fri, 3 Jul 2020 - 13:41
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cp8759
post Fri, 3 Jul 2020 - 14:01
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If the driver is told by the police that they are or may be subject to prosecution, there would be no point in sending further written warnings to the RK, who might not be the driver.

If the police took your details there and then, those details will be used to send further correspondence.


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No, I am not a lawyer.
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Doorbit
post Fri, 3 Jul 2020 - 14:04
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How long does further correspondence take to come through? It’s been 8 days so far?
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Logician
post Fri, 3 Jul 2020 - 14:05
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If you were warned of possible prosecution at the time there is no legal requirement for a NIP, but some areas do send them anyway "from an abundance of caution" If so, the sensible thing would be to send it to you so they will probably send it to the registered keeper, which is probably a leasing company, who will then return the name of the hire company who will receive their own NIP and nominate you.

You were too fast for a course, so if you do not get a NIP the next thing you will get will be a fixed penalty, which are issued up to 50 in a 30 by most areas, how long that takes depends on how busy they are.


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Doorbit
post Fri, 3 Jul 2020 - 14:14
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At the time of the offence the officer said that since he had my details and knew I was driving nothing would be sent to the RK ( the hire company) and that I would get the letters and the hire company wouldn’t know etc, just wanted to check this as I’ve not heard this before? He said I would be reported and said do you understand
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Jlc
post Fri, 3 Jul 2020 - 14:22
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QUOTE (Doorbit @ Fri, 3 Jul 2020 - 15:14) *
just wanted to check this as I’ve not heard this before?

Yup, it's spot on.

QUOTE (Doorbit @ Fri, 3 Jul 2020 - 15:14) *
He said I would be reported and said do you understand

The next you'll hear is likely to be a fixed penalty offer. They have no timeframe for this other than 6 months to commence a prosecution.


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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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Doorbit
post Fri, 3 Jul 2020 - 14:37
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So basically the hire company won’t get any correspondences in regards to the offence, and I the driver will get all of the letters etc as was caught by the officer? Just found it strange as never known it to be this way? 6 months seems like a long time for them to get into gear and send me something!
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666
post Fri, 3 Jul 2020 - 14:44
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QUOTE (Doorbit @ Fri, 3 Jul 2020 - 15:37) *
So basically the hire company won’t get any correspondences in regards to the offence, and I the driver will get all of the letters etc as was caught by the officer? Just found it strange as never known it to be this way? 6 months seems like a long time for them to get into gear and send me something!

It has always been that way. Why would they write to the hire company? It wasn't the car that committed the offence!

6 months is the only deadline that applies, but in practice you should hear within a few weeks.
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Doorbit
post Fri, 3 Jul 2020 - 15:01
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I just thought the RK would always get a NIP, but I suppose this case is different as I was stopped by the police so they know who was driving the car at the time, just find it odd how can the officer prove I was given a verbal NIP at the time?
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Jlc
post Fri, 3 Jul 2020 - 15:04
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QUOTE (Doorbit @ Fri, 3 Jul 2020 - 16:01) *
just find it odd how can the officer prove I was given a verbal NIP at the time?

Because if you want to challenge the offence on this basis they can attend court as a witness and state they did.

Not sure where you're heading with this but it could get very expensive... Take the fixed penalty.

This post has been edited by Jlc: Fri, 3 Jul 2020 - 15:04


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Doorbit
post Fri, 3 Jul 2020 - 15:16
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Yeah I will be taking the fixed penalty if it’s offered! I was just wondering how it all works! I am relieved that the Correspondences will go to me as the driver and not the hire company as it was done through work! Just found it odd how the officer didn’t give me anything and just basically said you will get either a fixed penalty or a court letter through the post and sent me on my way and cautioned me on the spot!
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666
post Fri, 3 Jul 2020 - 15:24
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QUOTE (Doorbit @ Fri, 3 Jul 2020 - 16:16) *
Yeah I will be taking the fixed penalty if it’s offered! I was just wondering how it all works! I am relieved that the Correspondences will go to me as the driver and not the hire company as it was done through work! Just found it odd how the officer didn’t give me anything and just basically said you will get either a fixed penalty or a court letter through the post and sent me on my way and cautioned me on the spot!

In days gone by he would have offered you with a fixed penalty on the spot.

These days the usual system is for him to send in a report, and someone in the office decides how to proceed. They normally follow the guidelines to the letter, so you'll be offered an FP.
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The Rookie
post Fri, 3 Jul 2020 - 17:25
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QUOTE (Doorbit @ Fri, 3 Jul 2020 - 16:01) *
I just thought the RK would always get a NIP,

The legal requirement is to warn the driver at the time (often referred to as a ‘verbal NIP’) OR to inform either the registered keeper or the driver by writing within 14 days (the normal NIP).
Road Traffic Offenders Act 1988 section 1.

The RK will get a NIP when the driver isn’t stopped at the time (as they don’t know who was driving under most normal circumstances) but if the driver was warned at the time there is no need for a NIP at all and if they know who was driving if they send one out of courtesy/belt and braces it would be to that person.


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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
Rookies 1-0 Kent

Council PCN's
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Doorbit
post Fri, 3 Jul 2020 - 17:36
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Perfect! You have made me feel so much better! The hire car is done through work and don’t want them to find out I was speeding whilst in it! So am very relieved that the FPN will come to me as the driver and not my work.. what punishment do you think I will get for doing the above speed? It’s been 8 days now so hopefully will get some in the post ASAP! Never had one so have know idea how long it takes to receive one
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Jlc
post Fri, 3 Jul 2020 - 17:57
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3 points £100.


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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thisisntme
post Fri, 3 Jul 2020 - 21:11
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It's better if they don't write to the hire company as then you won't get charged the admin fee


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666
post Sat, 4 Jul 2020 - 07:36
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QUOTE (Doorbit @ Fri, 3 Jul 2020 - 18:36) *
Perfect! You have made me feel so much better! The hire car is done through work and don’t want them to find out I was speeding whilst in it! So am very relieved that the FPN will come to me as the driver and not my work.. what punishment do you think I will get for doing the above speed? It’s been 8 days now so hopefully will get some in the post ASAP! Never had one so have know idea how long it takes to receive one

If you drive for your work the employer should be checking your licence regularly. Also, check your contract or employee handbook - you may be obliged to tell them of any endorsements or convictions.
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Doorbit
post Sat, 4 Jul 2020 - 14:27
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Thanks for your reply’s! Is it true they have up to 6 months to send me something through now or is still 14 days they have to send the FPN to me?
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666
post Sat, 4 Jul 2020 - 15:07
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QUOTE (Doorbit @ Sat, 4 Jul 2020 - 15:27) *
Thanks for your reply’s! Is it true they have up to 6 months to send me something through now or is still 14 days they have to send the FPN to me?

More or less true. They have six months to start court proceedings, in which case you would receive something a bit later.

However, that's not going to happen. You'll get the Conditional Offer of Fixed Penalty within a few weeks.
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Doorbit
post Sat, 4 Jul 2020 - 15:48
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Hopefully will receive something next week, haven’t got anything yet after 9 days! Tbh I was caught out and i I’ll take my punishment! I am just relieved that I was caught by a police officer and not a camera as he took my details so correspondences will go to me and not to the RK which is the hire firm and ultimately my work! Just a nervous wait now to see if they actually do send it to me and not the RK 😭😂
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