NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - February 2008
Date of the NIP: - 17 days after the offence
Date you received the NIP: - 29 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Tile Hill Lane, Coventry
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? - Company Car User
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 - Hi, I was alerted to the speeding offence on the day in question when the police officer using the radar speed trap, later called my company for details of the vehicle keeper. I have received the NIP but does'nt state the speed I was alleged to have been over the limit, which I find odd. It also mentions on the NIP in bold print 'This form is deemed legally served when sent by 1st class post', but was sent to me via 2nd class post (I have kept the envelope). As well as completing the Drivers details it asks if you want to provide any other information you may feel necessary on the back of the form. It is wise at this point to mentioned receiving the form via 2nd class and may be deemed as not legally served? Maybe they will send another one out 1st class!!

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.

Generated by the PePiPoo NIP Wizard v3.3.2: Sun, 09 Mar 2008 23:26:28 +0000

Is this the first NIP served in relation to this offence?

No, it's not wise to tell them about their (apparent) error, certainly not for 14 days!

Yes its the first NIP served in reltion to the offence.

I am also not sure if they have stated the correct time of the offence. At the time they stated on the NIP (12:53), I am sure (but cannot prove), I was in another town. My company called me to say I was caught speeding in the morning on the day of the offence.

Is it advisable to withhold the information on the time of the offence, the fact they did'nt mentioned the speed on the NIP and the fact they sent me the NIP 2nd class, until they send me a summons? I will post the drivers details on the 14th day.

Lack of a speed on the NIP is irrelevant.

After 14 days have gone by I would write to them pointing out that since it was served by 2nd class post it has not been correctly served in accordance with the law. As 1 days have now passed since the commission of the alleged offence no NIP can now be served. You consider the matter closed and would like them to wrote to you confirming that to be the case.

A late NIP and s. 172 request is no bar to a prosecution under s. 172 so make sure you comply with any s. 172 request within the 28 days.

Many thanks for the advice.

I will rattle off a letter and will post the response on the forum.

Are you sure it's the first NIP in the chain? For it to be issued 17 days after the offence does suggest it's not the first. Equally, as you're not the registered keeper the first NIP would normally be served on them.

Have you asked the registered keeper whether they received an NIP and s. 172 request?

Just to clarify this situation:

1. You are NOT the RK of the vehicle.

2. You have received a NIP addressed to you which you say is the first NIP to be issued

3. The police phoned the company - who I presume are the RK of the vehicle in question - on the day of the alleged offence and asked them for details of the driver

4. If the company are the RK - why didn't they get the first NIP?

I'm confused here - maybe I'm just too tired and it's making me a bit thick

It would be most unusual for the scammers/police to verbally contact the company, I suspect a paper NIP to the RK, returned and then a 'NIP' (legally not a NIP of course) with S172 request to the OP.

Simon

Since the police have made a verbal S172 request to the company, the S172 request to the OP is the second in the chain.
S172 requests need not be made by post; that is just an option that the police have. I believe that they should still do that within 14 days, however, so it would be interesting to know whether either a S172 notice or the phone call was received with that period.

Thanks all for responding. To clarify your queries about the NIP, I contacted my company and they did receive a letter which I am assuming was the 1st NIP. They completed a form and confirmed that I am the main user of the company car. I have received which looks like a photocopy of an original NIP (sent 2nd class) and have been asked to submit the drivers (my) details on page 2 of the NIP. Any advice would be most welcome.

My advice is to confirm that the first NIP (the one sent to your company) was sent second class. If so, it has not been lawfully served and previous advice will stand. Don't forget to return the NIP sent to you!

Is the vehicle leased?

Hi - the car is leased to my company.

One thing I would like to add is that the NIP I received (I assume is a copy of the original), is signed in pen by the officer who 'copped' me (it does state on this signed copy 'This form is deemed legally served when sent by 1st class post. To give false info.......)', but was sent to me 2nd class. I contacted my company and they cannot confirm if the documents they received were sent 2nd class (they claim the envelope would have been destroyed by now). Any advice from hereon?

Any further advice guys. I will have to response to the NIP soon. Many thanks.

Whatever the minor error on it, your NIP (nor the companies for that matter) doesn't need to be sent first class, as legally it is not a NIP at all, but an S172 request with the alleged offence details on it, only the NIP to the RK needs to be sent first class....if the car is leased, then that is to the leasing company!

Simon

Hello!

Following on from my NIP in March, on Friday 6th June '08 I received an automatic Court Summons. I completed the form and in accordance with S172 I declared myself as the driver. However, I did request photographic evidence to help confirm the driver of my company car, but it was not forthcoming. As well as the Summons I did receive two separate copies of a statement from the two officers who clocked the vehicle allegedly doing 57mph in a 30mph zone using a mobile PRO Laser speed device. The box on the police witness statement asking if evidence is visually recorded is unticked. The statements claim the vehicle accelerated up to the brow of a hill and then disappeared from view - up until this point the vehicle was clocked doing 57mph. From their evidence, the vehicle was recorded speeding from the rear of the vehicle (don't know if this counts for anything), and probably explains why the driver could not photographed.

What was also interesting is that the original NIP was sent to the Company Secretary stating the time of the offence was 12:35. I received a copy of the NIP stating a time of 12:53. Their statements mentioned the time was 12:35

I have to return the 'Acknowledgement and Notice of Plea', providing me with 4 options. Can I fight the case based on the facts I have disclosed?

Any advice from herein would be most welcome.

Hello again - any suggestions as to what is the best course of action to take from herein? Your advice would be appreciated.

Nothing in what you say there constitutes a defence, HOWEVER, what time is shown on the NIP that went to the leasing company?

Simon

The NIP sent to the leasing company states the time of the alledged speeding offence happened at 12.35 which coincides with the officers statements. For some strange reason the a NIP was later sent to my home address mentioned the time was 12.53 (typing error, I would assume).

In which case as you appear to have not been mislead and named yourself, there is not necesarily a defence in that.

Simon