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received nip 1 month after offence
steveuk25
post Wed, 3 Jan 2007 - 18:35
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hello, i need some advice on the 11/11/06 clocked at 36 mph in a 30mph zone , i received the nip on the 13th of dec 06 a month later. This is the 1st oppotunity ive had to deal with this as i lost my mum to cancer in december so due to funeral arranging /attending etc this wasnt a priority. I understand that they have to have the nip on your doormatt 14days after the offence - what action should i take ? thanks

This post has been edited by steveuk25: Wed, 3 Jan 2007 - 18:36
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post Wed, 3 Jan 2007 - 18:35
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andy_foster
post Wed, 3 Jan 2007 - 18:53
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Please visit the READ ME FIRST section (Click Here), answer all the questions in the NIP Wizard, and then post the Wizard's output back here to enable us to help you.

We can't help you until you've told us a bit more.


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

"Whatever the intention of Parliament was, or was not, the law is quite clear." - The Rookie
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steveuk25
post Wed, 3 Jan 2007 - 19:03
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NIP Details and Circumstances
What is the name of the Constabulary? - northumbria police
Date of the offence: - November 2006
Date of the NIP: - 11/12/06 30 days after the offence
Date you received the NIP: 32 days after the offence
Location of offence (exact location as it appears on the NIP: important): - a690 new durham road sunderland
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
How many current points do you have? - 3
NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Did the first NIP arrive within 14 days? -No
Was there a valid reason for the NIP's late arrival? - No
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
The first NIP to the Registered Keeper must arrive within 14 days unless there is a valid reason why that was not possible, for example a recent change of details. This link will take you to the advice provided by the RAC's legal team.[/list][/b][/color]
Generated by the PePiPoo NIP Wizard v1.0.2: Wed, 03 Jan 2007 18:59:32 +0000



--------------------------------------------------------------------------------

These are the answers you've given so far:
Have you received a NIP? - Yes
Did the first NIP arrive within 14 days? - No
Was there a valid reason for the NIP's late arrival? - No
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
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andy_foster
post Wed, 3 Jan 2007 - 19:13
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From the timing, it sounds like the first NIP didn't arrive and that this is a reminder. Is there anything to indicate that this might be a reminder (e.g. threatening covering letter).
N.B. Different forces have different policies regarding threatening/bluff&bluster letters.

Is there any reason you can think of why the scammers might have had trouble tracing you? Had you the details on the V5C recently changed (new keeper/change of address/etc.)?

Otherwise, the RAC letter is the way to go, although there is a school of thought that you should also comply with the requirements to provide the driver's details - either on the form provided or incorporated into the RAC letter.
This defence relies on your credibility as a witness, so I would suggest not using the PACE Witness Statement.


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Andy

"Whatever the intention of Parliament was, or was not, the law is quite clear." - The Rookie
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steveuk25
post Wed, 3 Jan 2007 - 19:39
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hi andy thanks for the reply, nope as far as im aware this is the 1st notice ive received it only came with a frequently asked questions page and thats it. as for the v5c im the 1st and only registered keeper of the car ,which ive had frm new in june 06.

is this the letter i should use ? if so whom do i address it and return it to ? once again thanks

CVVVVVVVV - Notice of Intended Prosecution

I received your letter dated *********, the references for which are detailed above. I have enclosed a copy of the Notice sent to me recently, for ease of cross-reference.

You have written to me because I am the Registered Keeper of the vehicle mentioned in your Notice. My address is correct as per the details at DVLC, and the vehicle was not a Company car, and was neither hired nor borrowed.

No Officer spoke to me at the time of the alleged offence, and no accident took place. Also, no Police person has spoken with me at or near the time and place detailed in your Notice. The written Notice is the first indication from you of any intention to prosecute.

Your Notice details the alleged offence as VV:VVhrs on *********. The Notice is dated ********, and it came to me by post, received on ********. At the time of opening the mail item from you, I signed and dated the Notice in a space at the top of the page.

Including the day of the alleged offence, this was **th day from the date detailed in your Notice.

Following discussions with the RAC Legal Helpline, please note that the Notice cannot be acted upon as it is time-expired. For this Notice to have been valid, it ought to have been with me within 14 days of the alleged offence.

It was suggested I write back to you immediately with these comments.

Yours sincerely

VVVVVVVVV
Registered Keeper
++++
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andy_foster
post Wed, 3 Jan 2007 - 19:43
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QUOTE (steveuk25 @ Wed, 3 Jan 2007 - 19:39) *
is this the letter i should use ?


Yup

QUOTE
if so whom do i address it and return it to ?


The return address on the NIP (address for the s.172 response).


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

"Whatever the intention of Parliament was, or was not, the law is quite clear." - The Rookie
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steveuk25
post Wed, 3 Jan 2007 - 19:44
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thanks, i will update once i recieve a reply. smile.gif
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