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leppel
I received a NIP on 12 OCTOBER 2007 for being snapped by a GATSO doing 37 in a 30 zone. The date of the offence was 16 SEPTEMBER 2007.

I was not, and am not the registered owner/keeper, although I do own the car, and I have just filled in a new owner form to send to the DVLA.

The original NIP went to the current registered owner, but I cannot confirm whether this was within the 14 days from the offence, as the owner doesn't have the orginal anymore.

I was thinking of writing and saying it did not arrive at the registered owner's address within 14 days, and hoping they admit to that... but i'm not sure.

I was thinking of copying the RAC letter from another thread, and adapting it...

If anyone is able to offer any advice at all, it is greatly appreciated :-)
Byteman
I'm not sure it would matter about the timing of his NIP, since that isn't the one they are going to be using as evidence. They certainly are allowed plenty of extra time to get a revised NIP to you, given the recent change of keeper.

One for the legal bods on here, perhaps?
leppel
thanks byteman, but i haven't actually sent the new owner form off yet...

i wonder if that makes a difference?
nemo
Leppel - Please visit the READ ME FIRST section (Click Here), answer all the questions in the NIP Wizard, and then post the Wizard's output back here to enable us to help you.

And please include the Additional Questions on Page 2..wink.gif

QUOTE (Byteman @ Fri, 26 Oct 2007 - 14:46) *
I'm not sure it would matter about the timing of his NIP, since that isn't the one they are going to be using as evidence.

It does matter. Section 1 Road Traffic Offenders Act 1988 provides that a NIP must be served on the registered keeper of a vehicle within 14 days of an alleged offence. Failure to comply with this requirement is a bar to prosecution of the offence to which the NIP refers.
leppel
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2007
Date of the NIP: - 26 days after the offence
Date you received the NIP: - 35 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Limehouse Link Tunnel E/B E14 (002)
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? - Owner, haven't registered yet.
How many current points do you have? - 5
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 going through the Limhouse Link, and took the first exit (travelling eastbound), the camera is just above where the exit lane begins and snapped me at 37mph.



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.

    We have an Article that describes what is likely to happen when you respond to the S172 notice in more detail.

Generated by the PePiPoo NIP Wizard v3.3.1: Fri, 26 Oct 2007 15:21:49 +0100
leppel
NIPWizard completed as above, many thanks
leppel
i was not the registered keeper at the time of the offence, although i was driving.

im not sure if the original NIP reached the registered owner within 14 days, but is there a secodnary limit on when i have to receive my NIP, once the registered owner has sent the police my address details?

the date of the offence was 16th SEP, i received the NIP on 18 Oct...

Thanks for your help :-)
nemo
QUOTE (leppel @ Mon, 29 Oct 2007 - 12:45) *
..but is there a secondary limit on when i have to receive my NIP, once the registered owner has sent the police my address details?

The straightforward answer to that question is 'No'..
The Rookie
You need to ID the driver as requested, if you think the first NIP was late, then ignore any CoFP, go to court and as part of the evidence trail they will have to supply the first NIP, this will tell youm when it was 'printed' (dated) but not posted/received.

Simon
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