[NIP Wizard] NIP Northern Ireland |
[NIP Wizard] NIP Northern Ireland |
Sun, 31 Jan 2010 - 21:13
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#1
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New Member Group: Members Posts: 1 Joined: 31 Jan 2010 Member No.: 35,298 |
NIP Details and Circumstances
What is the name of the Constabulary? - Date of the offence: - December 2009 Date of the NIP: - 9 days after the offence Date you received the NIP: - 33 days after the offence Location of offence (exact location as it appears on the NIP: important): - Glenshane Road Magherafelt 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 - I'm not sure where I was detected speeding and the description they have given on the NIP is a stretch of road abot 15 miles long. They have stated that I was doing 76 in a 60 zone I may have been I don't normally speed 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? - Unsure 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? - NI 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: Sun, 31 Jan 2010 21:13:15 +0000 |
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Sun, 31 Jan 2010 - 21:13
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Sun, 31 Jan 2010 - 21:21
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#2
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
Can you confirm:
When you received the NIP? That you are the RK? Have you recently moved or recently purchased the car? I'm trying to ascertain why it took so long to arrive... This post has been edited by peterguk: Sun, 31 Jan 2010 - 21:21 -------------------- |
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Sun, 31 Jan 2010 - 23:23
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#3
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Member Group: Members Posts: 8,639 Joined: 5 Jul 2003 Member No.: 134 |
In Young v Day [1959] 123 JP 317, it was held that the "Hothfield to Bethersden Road", a rural road about four miles lomg, was insufficiently specific.
Assuming that the notice to the RK has said the same as yours, that would seem to be way outside the accuracy required. That does not absolve you of the requirement to name the driver, it should, however, provide you a defence to the speeding allegation, assuming that the wording of the eqiuvlent N.I. legislation is similar. Edit: O.K., found it (thanks, Nemo). The difference is S6(3) (a); QUOTE that the accused was not prejudiced in his defence by the failure; or That would seem only to codify the position in England & Wales, as detrmined by case law, so, on theface of it, wouldn't appear to change the position. This post has been edited by jeffreyarcher: Sun, 31 Jan 2010 - 23:36 |
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Sun, 31 Jan 2010 - 23:36
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#4
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Member Group: Members Posts: 10,695 Joined: 23 Apr 2004 From: Not in the UK Member No.: 1,131 |
You only have 21 days to name the driver in NI.
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Sun, 31 Jan 2010 - 23:46
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#5
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
Clicking on Map Linky shows Glenshane Road, with 3 villages to the north, the first one being Curran.
So the location of "Glenshane Road, Magherafelt, may accurately describe a 2-3 mile stretch of Glenshae Road between the junction of the A31, A54 and A6 north east of Magherafelt and Curran. -------------------- |
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