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BigRed123
Morning all,

I recently got a NIP notice from the police, however it doesnt state what speed i was doing in the offence section all it says is Excess Speed 70MPH.

i believe it was an unmarked police car that clocked me as i remember one being behind me for sometime when i was doing around 76mph.

The date was also wrong on the offence as it stated it happened on a day that does not exist. (wrong number for day)

Can anyone help? its the Excess Speed 70MPH i dont get, why not write the speed down?

Thanks
BigRed
BaggieBoy
QUOTE (BigRed123 @ Fri, 13 Apr 2018 - 09:34) *
Can anyone help? its the Excess Speed 70MPH i dont get, why not write the speed down?

Because they don't have to. They have to state the alleged offence (which they have), the actual speed is only significant when determining the sentence.

However the incorrect date could be a angle you could use. What precisely is the date on the NIP? If it is indeed incorrect, then a bemused call to the force in question may see the notice cancelled.
BigRed123
Hi Baggie,

It states the incident occurred on Saturday 8th April... a day which does not exist?

Thanks
Sam
peterguk
What date did the offence occur on?
BigRed123
Saturday 7th April
disgrunt
Or was it Sunday 8th April?

Or perhaps it was on Saturday 8th April 2017.

I would sit on the Nip for a couple of weeks.
BigRed123
and then reply saying no one was driving on this date? the notice also has the officers name as reference and his mobile... really odd or normal?
Redivi
The NIP has to specify the date that the alleged offence occurred
It's not the OP's responsibility to guess which date was intended and to correct the error

The OP wasn't stopped at the time and the whole point of an unmarked police car is that it isn't obvious
The speed isn't particularly memorable
It can't therefore be argued that the OP knows when the offence occurred and that he hasn't been misled - especially if it's a regular journey

I would wait for about three weeks before replying that the vehicle wasn't at the location on 8th April

It's then too late for the police to send a corrected NIP
Keep the original safe
BigRed123
thanks for your reply,

do i not have to respond within 14 days?

Thanks

peterguk
QUOTE (BigRed123 @ Fri, 13 Apr 2018 - 10:52) *
thanks for your reply,

do i not have to respond within 14 days?

Thanks


No! Else you give them time to issue a corrected NIP.
BigRed123
thanks for your help,

so after the 14 days i need to send a letter back confirming no one was driving on this day? as i have a form to out asking who the driver was.

Ta
The Rookie
QUOTE (Redivi @ Fri, 13 Apr 2018 - 10:50) *
I would wait for about three weeks before replying that the vehicle wasn't at the location on 8th April

I'd agree ONLY if it wasn't, if it was also there on the 8th, then I'd query the conflict.

Its only necessary to sit on the NIP for another week, if the reply arrives with them next weekend its already too late for them to get a corrected NIP to you within the 14 days from the date of the alleged offence.
BigRed123
the driver wasnt on that road on the 8th.... only the 7th.

where does this put me?
Redivi
Write "See attached" on A COPY of the form and staple a brief letter to it

If it was parked :

The vehicle was not at the location on 8th April
At the time of the allegation it was parked at....


If it wasn't parked :

The driver of the vehicle at the time was .......
It was not, however, at the location on this date


Don't mention the 7th

Keep a copy of what you send and ask for a certificate of posting from the Post Office
Jlc
^ Put day of the week in too (like they have)

QUOTE (BigRed123 @ Fri, 13 Apr 2018 - 09:34) *
i believe it was an unmarked police car that clocked me as i remember one being behind me for sometime when i was doing around 76mph.

It would normally be at least 79mph before they pursue.
The Rookie
Which would be at least 81 or 82 on the speedo (upto about 85 depending on accuracy).
kommando
QUOTE
Keep a copy of what you send and ask for a certificate of posting from the Post Office


and use first class post, not second class.
Kickaha
QUOTE (kommando @ Fri, 13 Apr 2018 - 14:30) *
QUOTE
Keep a copy of what you send and ask for a certificate of posting from the Post Office


and use first class post, not second class.

Not doubting this advice, but why?
nosferatu1001
First class should be delivered within 2 days. 2nd class has no expectation.
andy_foster
Off the top of my head, where applicable, second class is deemed served 5 days after posting (or possibly on the following working day if day 5 is not a working day), unless the contrary is proven.
BigRed123
Hi Guys,

me again...

i was contacted by said officer to tell me he had put the wrong date... (must have been a slow day) anyway, he rang me to say the date was incorrect on the form, however he didnt say he was going to send me a corrected form and i havent had one yet, the offence date will be 2 weeks on saturday.

If i dont get an updated letter what should i do?

(they had my mobile number on system because i had contacted them before)

Ta
cp8759
QUOTE (BigRed123 @ Tue, 17 Apr 2018 - 16:38) *
If i dont get an updated letter what should i do?

Do what Redivi said in post 14.
BigRed123
QUOTE (Redivi @ Fri, 13 Apr 2018 - 12:04) *
Write "See attached" on A COPY of the form and staple a brief letter to it

If it was parked :

The vehicle was not at the location on 8th April
At the time of the allegation it was parked at....


If it wasn't parked :

The driver of the vehicle at the time was .......
It was not, however, at the location on this date


Don't mention the 7th

Keep a copy of what you send and ask for a certificate of posting from the Post Office


Hi All,

I am currently writing this letter, do i still need to put my details on the s172 form? or shall i just copy it and send it back with this letter? Also shall i put the day as in Sunday 8th April?

Ta
disgrunt
No, ignore the day just use the number.

Return a copy of the form with the words “see attached”

Keep the original safe
BigRed123
Update

Morning all,

Yesterday i received a letter back stating that the original letter had a typo and the date was infact Saturday 7th April, he had also put down that he told me this in a telephone conversation as previously stated.

i now have a NIP noticed dated 29th April with the offence taking place on the 7th April, can i do anything else now or does the driver have to put their hands up?

Ta
BigRed
The Rookie
The driver will now have to be nominated but could still use a late NIP defence on the basis the first NIP was defective (so a nullity) and this is late.
BigRed123
QUOTE (The Rookie @ Thu, 3 May 2018 - 11:14) *
The driver will now have to be nominated but could still use a late NIP defence on the basis the first NIP was defective (so a nullity) and this is late.



Hi Rookie,

What would you recommend we should do now? Just Reply to the s172?
Jlc
The driver identity needs to be provided. The s172 request is not nullified by an 'invalid' NIP.
BigRed123
So just to clarify, the drivers details must be filled in and sent off on the s172 and wait to see what they receive?

Ta
peterguk
QUOTE (BigRed123 @ Thu, 3 May 2018 - 12:11) *
So just to clarify, the drivers details must be filled in and sent off on the s172 and wait to see what they receive?

Ta


Correct.
BigRed123
Okay, thanks for your help with this.

So even though the NIP is dated 3 weeks after the offence occurred, i cannot do anything about this?

i will send off this s172 and await a response.

Ta
Jlc
After the driver is nominated they will progress as 'normal'. That will be by offering a course or fixed penalty.

You can point out to them that a valid NIP was not served within the stipulated time and they may simply cancel or they may say that the matter would have to go to court. After receiving the offer(s), there's no risk on attempting the former approach to see if they will rescind.
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