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sellmegranny
Sorry folks if this is a repeat again of the same questions but i have made some moves already and just need to see if i can start to relax yet

The car is leased in my name

Aberdeen Scotland

Date of offence 16/4/06

41 in a 30

Date on Nip 23/05/06

Date i recieved it 2/6/06 I was on holiday and this is the day i returned

I have written on 2 occasions to them, requesting the alledged evidence, certificate for the equipment used and the officer who was operating it his proof of training, being polite and saying i would like to clear thias up and would like to help get this issue closed asap....... NO REPLY, the second time i wrote to them i sent it recorded delivery.
The last letter i sent was over 2 months ago, i have heard no more..........

What do i do now? Does the 6 month rule apply?

Thanks in advance and sorry if this is a repeat of others


Sellmegranny
anonymous
Just wait out mate and see what you receive.

Writing to them again will make matters worse. You've done your bit.

Make sure you keep the registered delivery receipt.
sellmegranny
Cheers Annon

So just sit and wait, but until when? When can i finally go "aaaaaaaahhhhhhhhh"?

I have the reciept and the copy of the letters i have sent biggrin.gif

Sell
Peter_D
The first NIP will have gone to the leasing company unless the V5 is in your name and you Tax the vehicle. Have you returned a completed NIP. There is a 6 month rule from the date of the offence in which they have to lay papers in the court and they in turn issue a summons this can be weeks after the 6 month was up. You need to but all the facts here to any more help. Complete the NIP Wizard and copy and paste it here. Regards Peter
sellmegranny
NIP Details and Circumstances
What is the name of the Constabulary? - scotland
Date of the offence: - April 2006
Date of the NIP: - 37 days after the offence
Date you received the NIP: - 47 days after the offence
Location of offence (exact location as it appears on the NIP: important): - gt southern road nr whinhill rd
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - NK
If your are not the Registered Keeper, what is your relationship to the vehicle? - its leased
How many current points do you have? - 3
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 - alledged offence 41 in a 30, member of an owners club and we often drive each others cars, sent letters asking for evidence and recieved nothing. recorded deliver of letter sent also still no reply

NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Did the first NIP arrive within 14 days? - No
Was there a valid reason for the NIP's late arrival? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
Do you know who was driving? - Unsure who was driving
Were you driving? - Unsure

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • If you can show that after reasonable diligence you have been unable to determine the identity of the driver, you will not be guilty of S172 failure to provide.

Generated by the PePiPoo NIP Wizard v1.0.2: Wed, 27 Sep 2006 15:27:12 +0100
Peter_D
It appears that the NIP is not valid. If you where the RK the NIP should have been delivered within 14 days of the offence. Is it possible that someone else in your club got the first NIP but they idenified you as the driver of their car. "You say Was there a valid reason for the NIP's late arrival? - Yes" what was the reason for the late delivery. Regards Peter
sellmegranny
Peter

The car is leased and i would imagine they would have sent it to the lease company first

Sell
sellmegranny
Any further advice would be appriciated

Sell
pauliexjr
Fogive me for restating the details but AIUI the lease company got their NIP, sent it back naming you, you HAVEN'T returned yours yet, just written to them for the photos to 'help identify the driver'?

The timescales are 6 months from the date of the alleged offence for them to put the details before the Procurator Fiscal for the offence of speeding and 6 months +28 days for failure to furnish (used to think it was 6 months to summons but that has recently been shown to be false). So, 16/04 is date of offence = 17th October before you are clear of speeding and 15th November before you are clear of failure to furnish. Also remember, laying of information is not the same as issuing a summons and as Peter D says there can be a fair amount of time between the two.

You may find the clock has stopped ticking whist you engage in legitimate dialogue in attempting to determine the driver, but don't bank on it! Personally I would stop writing or contacting them in any way and don't answer the door!
sellmegranny
Ok thank you

Sell
crystal
Hi,

I think in Scotland its 6 months to the Inital Diet (hearing) not the laying of information.

Regards
Crystal
pauliexjr
Hi Crystal, I thought that was the case as well, but according to a PM I received from Jeffreyarcher (and he should know) that has now been proved false and it's actually 6 months to lay the info sad.gif
sellmegranny
If i am reading this correctly and i hope i am

I now can not be charged with speeding is this correct? cool.gif and my licence is safe from another 3 points?

Sellmegranny
nemo
QUOTE (sellmegranny @ Tue, 17 Oct 2006 - 13:12) *
I now can not be charged with speeding is this correct?
Looks like it smile.gif. Acknowledging JA's comments re diets / laying of info, if an information has not already been laid for the alleged speeding offence then it is now too late to do so.
QUOTE (sellmegranny @ Tue, 17 Oct 2006 - 13:12) *
cool.gif and my licence is safe from another 3 points?
Not just yet - there's still a while to wait until a failure to furnish offence 'times out' (28 days plus 6 months from when you received the NIP - sometime around the 3rd week in December if my maths are correct).
sellmegranny
Nemo

Cheers, However surely the licence is safe from the 3 points as failure to furnish is a seperate charge and not a 3 point speeding offence?

Forgive my ignorance icon_redface.gif

Sellmegranny
Rallyman72
Failure to furnish is 3 points and a fine, usually around £250 but potentially up to £1000. The Road Safety Bill currently before Parliament will up the points to 6.
Theboxers
QUOTE (Rallyman72 @ Tue, 17 Oct 2006 - 15:41) *
Failure to furnish is 3 points and a fine, usually around £250 but potentially up to £1000. The Road Safety Bill currently before Parliament will up the points to 6.


What happens to the 6 points if/when the ECHR cases are won?
sellmegranny
So the 6 months from date off alledged offence has past

Called the court no papers have been laid in my name

Do i know send back the NIP completed with a note along the lines of??????????

And write on the s172 saying "Please see attached note"




Re Fixed Penalty notice ref – blah blah blah ref number


Sir/Madam


Having previously requested twice now, copies of the photographic evidence and calibration certificates etc. To assist me to identify the driver at the time of allegeded offence, I have yet to receive these documents.

Therefore I can not be 100% sure as to who was actually driving this car at the time of alledged offence.

However I am returning the attached s172 form so as to comply with the required laws.

Kindest Regards


Will that do? Do i sign it? fill it in in full, in part 1?

Or do i just sit tight at the moment?

Sell
crystal
Hi,

Just keep quiet

Regards
Crystal
pauliexjr
With Crystal all the way, stay off their radar, do not prod the sleeping lion with a stick etc. etc. You've only got a few weeks for the S172 to be un-enforceable, don't remind them they still have a chance to get your hard-earned dosh!!
sellmegranny
Can i breathe out yet?
pauliexjr
Oh, go on then! By my math you are well clear. If you really want to sleep easy you could phone the Clerk of the District Court in Aberdeen to ask if any information has been laid, but to be honest I'd just take it that it's gone away and get on with life!
jeffreyarcher
QUOTE (sellmegranny @ Mon, 6 Nov 2006 - 13:12) *
Can i breathe out yet?

Nope.
Date on Nip 23/05/06;
Date of service (say); 24/05/06.
Reply by 21/6/06.
Timeout (for S172); 21/12/06.
That said, since this is Scotland and there have been no personal visits, I would think that the chances of a summons now are somewhat close to zero. smile.gif
sellmegranny
Thanks to everyone who has helped cool.gif biggrin.gif

Sell
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