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FightBack Forums > Queries > Speeding and other Criminal Offences
Apexchaser
Morning all

On December 30th 2017, I received a NIP from Thames Valley Police dated 29th December 2017 with the date of alleged offence on 1st November 2017 stating a speed of 85 in a 70 on the M40.

First of all, I wanted to check if this is a timely enough response? In addition, they've also spelled my surname incorrectly (small point but an error nonetheless). The vehicle is a company car but I am the sole named user. There has been no change of address or any details which sould have possibly led to the delay. What is the best way to approach my response given these circumstances?

Thanks in advance.
Apexchaser
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - November 2017
Date of the NIP: - 58 days after the offence
Date you received the NIP: - 59 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M40 Motorway Jct8 to Jct7
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? - Company 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 was travelling Southbound on the M40.

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 Jan 2018 12:00:13 +0000
peterguk
The first NIP to the RK must be served within 14 days.

That will most likely be a leasing company, or possible your employer.

Subsequent NIPs are not under the same time constraints.

The name error is of no consequence. Maybe your employer mis-spelt it when they returned their form?
Apexchaser
OK, I would imagine the timing would be down would be the leasing company.

I guess it's pretty straightforward to just respond from this point, then? There is the possibility of a speed awareness course option so I'd obviously prefer that to the alternative. I have attended one in the past that was about five and a half years ago.
Jlc
A course should be offered.
nosferatu1001
Just dont delay if you want a course - they have a time limit after which they wont offer one.
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