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FightBack Forums > Queries > Speeding and other Criminal Offences
Todd Unctious
Although I haven’t had my own NIP, the following is from a NIP received by my company.

1. Constabulary: Gwent
2. Date of the offence: May 2006
3. Date of the NIP: 90 days
4. Date Company received the NIP: 91 days
5. Location of offence: A449 Llandenny - 85 on a dual-carriageway 70
6. Was the NIP addressed to you?: No, but as my company have confirmed that I am the person responsible for the car, I assume the NIP I will soon receive will be addressed to me.
7. Was the NIP sent by first class post, second class or recorded delivery?: NK
8. Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? No, neither are my company. The RK is the Fleet company.
9. How many current points do you have? : 6
10. Provide a description of events: I’m unsure of any details about this event. I travel up that road most weekends leaving Wales to visit family, friends or just to go for a drive. Sometimes on a Friday afternoon other times on a Saturday morning. This is 3 months ago now, and I can’t remember seeing a van at any time going north.

A couple of things:

1) The alleged offence took place in May this year. A quick totting up shows that is took 91 days to get to my employer – so somewhere 21 days have been lost in the process. Are the only important events here the 14 days to get the 1st NIP out – and the 6 months from original offence?

2)
Although it is very likely that it was me driving, as I am the person responsible for the car, and no-one other than me drives it, I can’t be 100% sure unless I see photographic evidence- as my number plates were stolen prior to May – an event that was immediately reported to the police at the time.

I don’t think my company will be any help whatsoever, their attitude is one of looking after the company first, the employees second. I guess they are out of the equation once the NIP is in my name anyway.

Any initial ideas or thoughts would be appreciated. Once I get the NIP I can post any further details via the NIP wizard, but the bulk of the information is probably already above.

Thanks.
Peter_D
The Wizard no doubt points you to the PAce letter. However in the shorter term it may be appropriate to "nicely" request photographic evidence to help you identify the driver. This way you can identify the car is really yours. The pace letter and othere delays may even cause it time out past the six months. Regards Peter
jeffreyarcher
QUOTE (Todd Unctious)
Are the only important events here the 14 days to get the 1st NIP out – and the 6 months from original offence?

Yes.
QUOTE (Todd Unctious)
I don’t think my company will be any help whatsoever, their attitude is one of looking after the company first, the employees second.

You are already three months down the line. As it's a fixed penalty speed, if you can get them to sit on it until day 28, it should be quite easy to time this out.
Todd Unctious
Peter,

I think I will request photos. I'll keep it simple and to the point.

Jeffrey,

Unfortunately, the company will have returned the NIP the day they received it (they sent me a copy at the same time).

Having spent a second day reading posts on this site, particularly the success stories smile.gif , I am encouraged that fighting this will be worth the effort.

Thanks, both.
fr4gmented
Looks like we were both done around the same date and place.

Mine was a rental van with the NKP finally reaching me after 12 weeks.

As the van had two drivers that day I will also be asking for the pics.

http://forums.pepipoo.com/index.php?showtopic=13200&hl=
Todd Unctious
QUOTE (fr4gmented @ Sun, 13 Aug 2006 - 14:31) *
Looks like we were both done around the same date and place.

I saw your post, as I did a search for Llandenny to see how many more on here had been caught there. I'll be doing the same as you with the photos, simply to satisfy myself that it was me and not whoever nicked my plates in March.

In all probability it was me though, so I don't think it will change the fact that I will have to go the route of PACE and then sit and wait for the summons. I don't really want to be sitting on 9 points for the next 18 months if I can help it - and as I may have a 2nd NIP in the pipeline I don't think I have any choice other than to fight.

I'll keep an eye on your post, and hopefully we will both get a successful outcome!
Blackbird
QUOTE
as I did a search for Llandenny to see how many more on here had been caught there

.................and if you do a search on A449 you will find quite a few more! This site does make rather a regular appearance angry.gif
andy_foster
As you have what would appear to be a genuine and reasonable concern that it might not be your vehicle, due to your plates having been stolen (and reported to the police at the time), I'd be tempted to mention this in your letter requesting the photos.
If the photos are inconclusive regarding the identity of the vehicle (and the driver), mentioning this at the earliest opportunity might strengthen your credibility if you subsequently rely on a resonable diligence defence.
Todd Unctious
QUOTE (Blackbird @ Sun, 13 Aug 2006 - 16:01) *
.................and if you do a search on A449 you will find quite a few more! This site does make rather a regular appearance angry.gif


I have, and I understand your anger. Since I've been using the road regularly to get out of Wales I have noticed that they often sit on the southbound carriageway when there is a match or some event on at the Millennium Stadium; ready to catch supporters/fans travelling down to Cardiff. In a couple of weeks time, I wouldn't be surprised if there aren't several Liverpool or Chelsea fans waking up to breakfast and a NIP... sad.gif
Todd Unctious
QUOTE (andy_foster @ Sun, 13 Aug 2006 - 16:26) *
... due to your plates having been stolen (and reported to the police at the time), I'd be tempted to mention this in your letter requesting the photos.


I was going to heed advice in other posts and keep the letter as simple as possible, ie: just ask for a photo to help identify the driver. However, I take your point about any future defence, and so will mention the theft - and modify the letter to request photos to aid in the identification of the vehicle.

Thanks.
Todd Unctious
An update.

Well, the Gwent Heddlu never cease to amaze. They finally get around to sending me my very own NIP dated more than 6 months after the alleged offence. biggrin.gif

I never take anything for granted though (and having spent hours reading this site know that I shouldn't) - so want to deal with this without giving them the opportunity of pulling a fast one and attempting to summons me after the 6 months. Do I just ignore the NIP or should I string it out further and send it back on day 26 or so - and maybe await a COFP which I can then ignore?

I'm wary of getting this far and then messing it up by doing the wrong thing.

Thanks
The Rookie
You still have a duty to replt to the S172 request, as the incident was over 6 months ago you can do this using the form provided, or if you fancy some fun use the PACE ws anyway.....either way you are bound to get a 'try on' CoFP for you to frame and put on the mantlepiece as testament to their incompittance!

Simon
Blackbird
QUOTE (Todd Unctious @ Sun, 13 Aug 2006 - 12:11) *
Having spent a second day reading posts on this site, particularly the success stories smile.gif , I am encouraged that fighting this will be worth the effort.


I have a strange feeling that 'success stories' has a new thread in the offing biggrin.gif

I would return the NIP completed and double staple a letter to it stating the 6 month rule..........also enclosing an invoice for the cost of the stamp rolleyes.gif
Todd Unctious
Simon/Blackbird.

It's been that long, I'd forgotten about having to comply with the S172 request. I had thought about going the PACE route on this one (biggrin.gif) however, I think the straightforward approach is what is required.

I'll complete the form and send it back around day 26 and see what happens. I'll make sure to use Special Delivery, just in case it gets "lost" in the post... rolleyes.gif

I was thinking about attaching the relevant section from The Magistrates Court Act 1980 - but won't bother at this time - I'll let them waste more time sending me the COFP.

Thanks again.

I'll update with the outcome.
Puntoboy
Another one for the A449...

At least I'm not alone.
flashman
QUOTE (Todd Unctious @ Tue, 14 Nov 2006 - 17:56) *
Simon/Blackbird.
I'll complete the form and send it back around day 26 and see what happens. I'll make sure to use Special Delivery, just in case it gets "lost" in the post... rolleyes.gif

I wouldn't waste your money. Gwent never mislay an opportunity to send out a COFP no matter how time-expired the offence. In fact you could be a contender for the Gwent-Trying-It-On pepipoo record... laugh.gif

Send it Recorded if you really must, but not Special
Todd Unctious
QUOTE (flashman @ Thu, 16 Nov 2006 - 16:10) *
QUOTE (Todd Unctious @ Tue, 14 Nov 2006 - 17:56) *

Simon/Blackbird.
I'll complete the form and send it back around day 26 and see what happens. I'll make sure to use Special Delivery, just in case it gets "lost" in the post... rolleyes.gif

I wouldn't waste your money. Gwent never mislay an opportunity to send out a COFP no matter how time-expired the offence. In fact you could be a contender for the Gwent-Trying-It-On pepipoo record... laugh.gif

Send it Recorded if you really must, but not Special


Funnily enough I noticed the address on the envelope is a PO Box at the main sorting office not far from where I live - so they might even get it by hand. biggrin.gif
Todd Unctious
Well, how nice of Gwent Heddlu to think of me during this festive period! My COFP finally came through this morning - 7 months after the alleged incident! Funny how they still want my hard-earned cash after all that time! biggrin.gif

I could return the Welsh version to them blank, with a copy of S127 of the Magistrates' Court Act 1980 attached - but I don't think I'll bother...

Merry Christmas! biggrin.gif
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