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Full Version: [NIP Wizard] Is this eligible for a SAC or possible throwout (NIP dated more than 2 weeks from offence)
FightBack Forums > Queries > Speeding and other Criminal Offences
JulianShagworthy
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - July 2015
Date of the NIP: - 16 days after the offence
Date you received the NIP: - 20 days after the offence
Location of offence (exact location as it appears on the NIP: important): - B4429 Coventry Road, Dunchurch
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? - Employee of company that owns vehicle
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 - LGV vehicle, alleged 37 mph in 30 mph restricted zone. Mobile camera van.

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? - No
As you were not responsible for the vehicle, somebody else has named you as the driver. 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: Fri, 24 Jul 2015 22:51:31 +0000
Kickaha
The original (and only) nip must have got to the registered keeper within 14 days ad they have named you and you have an s172 in 16 days.

That speed is elligible for a course as long as you have not done one in the last three years.
peterguk
First NIP which has to be served within 14 days will have gone to the company, they will have named you.

So you have the 2nd NIP.

37 in a 30 will result in SAC assuming you haven't done one in last 3 years.
JulianShagworthy
Thanks for the swift replies! If I'm offered a SAC I'll take it, but out of curiosity, is it likely I could get this thrown out as they took longer than 14 days to inform the registered keeper? If my initial answers aren't clear, the ORIGINAL NIP to my employer was dated 16 days after the date of the alleged offence.
peterguk
QUOTE (JulianShagworthy @ Sat, 25 Jul 2015 - 00:00) *
the ORIGINAL NIP to my employer was dated 16 days after the date of the alleged offence.


Almost unheard of for a first NIP to be issued outside o 14 days.

Have you seen the V5C? Highly likely it went to a leasing company.
JulianShagworthy
I haven't but that's a good point and likely the reason; we have many identical trucks of identical age which are replenished every three years, so it's likely done through a leasing scheme. I'll check on Monday when I go in though! My main aim (whilst currently driving for a living) is to avoid points obviously, so like I said I'll take the course if it's offered.
Gan
Who is named on the S172 request - you or your company ?
JulianShagworthy
Hi Gan, my company is named on the request, however, I'm not sure if there was a prior request to a leasing company as peterguk pointed out. I actually have yet to receive a NIP in my name. My company has filled out the necessary paperwork and I'm waiting for the NIP to land on my doormat, that's where I'm at right now!
Logician
Right, we often hear of companies simply handing the form to an employee even though it clearly ells them not to d that, and that can create problems.
JulianShagworthy
Hi Logician, my company actually tried to do that to begin with, until I told them it was up to them to fill in the form. I had to call the camera unit to confirm I didn't need to take action until I received a NIP personally
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