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Full Version: [NIP Wizard] STATUTORY INSTRUMENTS 2002 No. 3113 no longer apply
FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
Click to view attachmentClick to view attachmentNIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - January 2017
Date of the NIP: - 24 days after the offence
Date you received the NIP: - 26 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Downfield, Stroud
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? -
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 - I have just finished a telephone tribunal that I have lost.
My defence was that the double yellow lines do not comply with STATUTORY INSTRUMENTS 2002 No. 3113 Diagram 1018.1 Item 4, Permitted Variants. None.
The adjudicator stated
"There is no requirement for the council to keep yellow lines in a pristine condition. As long as the motorist is given an adequate notice of the parking restriction they remained enforceable. It is true that the TSRGD 2002 do lay down precise requirements for yellow lines. However if the council depart from those requirements the effect is not that the parking restriction becomes unenforceable automatically. The risk is that an adjudicator may find that the lines no longer give an adequate warning to the motorist."
My question is should I appeal against this and on what grounds?

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? - Yes
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? - 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, 12 Apr 2017 11:09:04 +0000
No, move on. The adjudicator is entitled to form a view on whether adequate guidance was given or not.
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