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[NIP Wizard] General NIP Question
Hoopi
post Wed, 17 Nov 2010 - 08:13
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - October 2010
Date of the NIP: - 18 days after the offence
Date you received the NIP: - 19 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M25 between jt 27 and jt 28 clockwise
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? - Named Driver, owner is my mother
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 - Coming home from work on the m25 at 9.30 going through the roadworks which was a tempory speed limit of 50

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? - England

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.

    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: Wed, 17 Nov 2010 08:07:37 +0000

Hi guys,

Thanks for taking the time to read my situation.

Pretty simply got caught on the m25 going through the roadworks which had a tempory speed limit. Fine hold my hands up to the offense. But my question is, the original NIP was addressed to my mum which arrived on the 4/11/10 (original offence on the 25/10) my mum sent it back saying i was the driver and now they send me, personally, the forms to fill out which arrived on the 13/11.

One, is this past the 14 day period? (personally i doubt this, but you dont ask you dont get)

Two, it says you must send it back within 28 days of service of this notice. When is the service of this notice? When my mum received it (4/11) or when i received it (13/11)?

I am under the impression to leave it as long as possible, is this still good advice?

Cheers guys
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post Wed, 17 Nov 2010 - 08:13
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The Rookie
post Wed, 17 Nov 2010 - 08:17
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No, the 14 days only applies to the first NIP, after that it is legally npot a NIP, just an S172 request, despite saying NIP on it.

Shame your dear Mum named you so fast, we would nearly always suggest hanging out replies to as close to the 28 days permitted as possible.

Date of service is when you got it, if your Mum had waited 28 days, you couldn't reply within that same 28 could you? Day 1 is the day you got it not day 0!)

Generally yes, leave it as long as possible, though usually it is of no benefit, sometimes it can pay off, although where an awareness course is likley to be offered, sometimes we would not suggest delaying it.


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

S172's
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Hoopi
post Wed, 17 Nov 2010 - 08:43
Post #3


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Ok, so in hindsight my mum should of waited close to the 28days? I did think this but think my mum took the initiative and sent it back in my name.

So the date of service is when I (myself) got it so its 28 days from 13/11?

Thanks for the quick reply
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The Rookie
post Wed, 17 Nov 2010 - 09:10
Post #4


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Posts: 45,478
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From: Warwickshire
Member No.: 317



Yes 28 days from 13/11 (noting that 13/11 is day 1), so your reply needs to arrive ON or before 10/12.

Mum's eh, to darn efficient! Its probable it would have made no difference, but you never know.

Simon


--------------------
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 10-0 PPC's
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