Help - Search - Members - Calendar
Full Version: [NIP Wizard] NIP for hire vehicle
FightBack Forums > Queries > Speeding and other Criminal Offences
swanseablackguy
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - July 2007
Date of the NIP: - 157 days after the offence
Date you received the NIP: - 161 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M8-M9 Interchange Link Road Newbridge, Edinburgh
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Second
If your are not the Registered Keeper, what is your relationship to the vehicle? - Hire 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 hired the vehicle from the airport to visit scotland. I'm not familiar with the roads but do remember there being a great deal of roadworks on the motorway. It is very likely that I thought I was in a 70 mph speed limit zone. Can anyone give me details on the type of camera situated here, what direction etc, and advise on a possible defence?

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? - No
As you were not responsible for the vehicle, somebody else has named you as the driver. Were you driving? - Unsure
Do you know who was driving? - Unsure who was driving

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • As you are not the person keeping the vehicle, the reasonable diligence test doesn't apply to you.
    Therefore, you are only required to provide such information as is in your power to give (e.g. the names and addresses of the possible drivers).

    You should reply within the 28 day period and explain the circumstances in a covering letter.

Generated by the PePiPoo NIP Wizard v3.3.2: Mon, 24 Dec 2007 13:41:13 +0000
davepoth
Well, the timeout for prosecution for speeding is 6 months after the date of the offence. From the month you've given and the amount of time passed, I guess we're looking at an offence date around the 10th of July?

You have 28 days from the date of the NIP to respond, which I think will just push you over the 6 month limit. If 28 days after the date of the NIP is indeed more than 6 months from the date of the offence, you don't have anything to worry about. Just fill the form in in full, and send it back, ignoring anything else that may come in the post. If not, the usual answer for speeding offences in Scotland is to not sign the form.
jeffreyarcher
QUOTE (swanseablackguy @ Mon, 24 Dec 2007 - 13:41) *
but do remember there being a great deal of roadworks on the motorway. It is very likely that I thought I was in a 70 mph speed limit zone.
<...>
Were you driving? - Unsure
Do you know who was driving? - Unsure who was driving


It seems to me that you have an awfully good recollection of events. Telling pork pies on a response to the police is a very bad idea ™.
However, worry not. As davepoth has indicated, you have 28 days (from receipt) to respond to the notice.
The police have to 'commence proceedings' within six months of the alleged offence.
So, assuming that you actually do know who was driving, you should return the notice, naming the driver and signed, to arrive by day 28 after receipt (the day of receipt is day zero). You must not go over day 28. Send your reply by Royal Mail Special Delivery, which guarantees next day delivery.
Being L&B, they will probably send you a COFP, but this can be safely ignored.
If, however, you genuinely don't know who was driving, you will have to go down the route suggested by the NIPWizard.

If you were on the Newbridge roundabout underpass, AFAIK, it is a fixed GATSO, but that is irrelevent as far as naming the driver is concerned.
davepoth
Best to point out that if you do try the "Don't know who was driving" line and they find you out, prison is possible.
nip me baby one more time
QUOTE (davepoth @ Mon, 24 Dec 2007 - 22:35) *
Best to point out that if you do try the "Don't know who was driving" line and they find you out, prison is possible.


Not to forget that "dont know who was driving" could lead to a different offence (failure to supply name of driver) with a different date of offence. ie. the date they ask you not the date of the speeding offence. So the clock on that in your case would tick from 157 days after the alleged speeding event.

As suggested if you know you were driving then name yourself but make sure you return the NIP at the limit of the 28 days which should be outside the 6 months from the offence. Then the Boys will know the identity ofthe driver but will be outside the 6 months to prosecute you.
swanseablackguy
Thanks for advice. The alleged offence was 16th July 2007. I calculate that i must post NIP back today to arrive there within the 28 day period, and I will b just 1 day over the 6 month period. Do you agree?
swanseablackguy
I have today received a reminder from Lothian and Borders Police asking again for details of who was driving even though I completed the first notice and returned it special delivery. Should i complete this form and return it or just ignore it?
swanseablackguy
Help!

I have just gone on the Royal Mail website to trace when the NIP was delivered. It was not delivered until 23/1/08 evn though I sent it special delivery next day on 16/1/08. This means it was delivered outside the 28 day period and I am now liable for prosecution.

I have the receipt of delivery. Is this sufficient evidence or am I going to receive 6 points? What should I do next?
The Rookie
There is not much you can DO right now...

However the law says 28 days OR as soon as reasonably possible, as it was sent gurenteed next day delivery (assuming you used SPECIAL delivery? - which you can claim back as they failed by the way) then you are covered by the as soon as reasonably possible and have proof, panic NOT. You can alos ignore the reminder as you have prooof of receipt.

Simon
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.