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FightBack Forums > Queries > Speeding and other Criminal Offences
AJFitz
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - March 2008
Date of the NIP: - 1 days after the offence
Date you received the NIP: - 2 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A548 Bagillt, Flintshire
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
If your are not the Registered Keeper, what is your relationship to the 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 - as i was driving down the road there was a large vehical swerving across the lanes, i was overtaking when it swerved again, i increased my speed to pass the vehical safely, i then saw a police van parked on a parallel road. i do not know who fast a was travelling as i was concentrating on the road and the the speedo but the ticket says i was travelling at 62 mph. also they have mispelt my name wrong on the NIP.

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)? - Yes
Did the first NIP arrive within 14 days? - Yes
Although you are the Registered Keeper, were you also 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? - Wales

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: Tue, 18 Mar 2008 22:38:46 +0000
The Rookie
Mis-spelling your name is not any escape clause as you have accepted its for you, I would also suspect its because your name is spelt wrong on the registration document as they usually have a direct input from their DVLA database download to the NIP generating software.

I would always advocate
1/ Writing and ask for "photo's to help ID the driver", it may highlight a problem, at worst you get a souvenir (don't ask for evidence)
2/ Reply giving all the info they want in a letter (inc ref numbers) so they can't use image recognition software on your form and have to work for a living!

Simon
AJFitz
thanks for your advice but could i just ask why have i accepted that its for me? i never got stopped and haven't sent anything back yet? as its not in my correct name could i not just ignore it or would i still end up getting done in my own name?
thanks
Pete D
You have accepted it is for you, you have even told up how this came about. The 'Slip' rule will allow the name to go through and a correction will be made in court if you take it there. What is the speed limit on this stretch of road. Make an appointment to view the video to see if that shows the vehicle swerving across the lanes, not that that is an excuse for speeding but it may help. You could wait until you have the Photo in case that show the vehicle out of his lane. You should note that if you decide to take this to court you will not be given access to the video until just before you go to court, if you use the swerving vehicle as some sort of mitigation and they play the video and it is not swerving then you do not have a leg to stand on. Pete D
The Rookie
QUOTE (AJFitz @ Wed, 19 Mar 2008 - 10:45) *
thanks for your advice but could i just ask why have i accepted that its for me? i never got stopped and haven't sent anything back yet? as its not in my correct name could i not just ignore it or would i still end up getting done in my own name?
thanks


My bold for emphasis
QUOTE (AJFitz @ Tue, 18 Mar 2008 - 22:38) *
they have mispelt my name wrong on the NIP.
Have you received a NIP? - Yes


Elementary my dear Watson as Sherlock Holmes never actually said. How badly spelt is it (don't give it exact, just an example) and does it match what is on the reg doc? Highly unlikley it will be of any relevnace at all!

Simon
AJFitz
what do you think i should do? should i just accept the fine and pionts or does any1 think that i might get off with it. i mean i KNOW the vehical was swurving accross the lanes but as you say if its not on the vido then i dont have a leg to stand on. should i ask for the photos and other evidance they have? should i say i dont know whos was driving as im only 80% sure it was me and not my other half? or are there any other defences that i could use.
Thanks again for all you help!
AJFitz
QUOTE (The Rookie @ Wed, 19 Mar 2008 - 12:25) *
QUOTE (AJFitz @ Wed, 19 Mar 2008 - 10:45) *
thanks for your advice but could i just ask why have i accepted that its for me? i never got stopped and haven't sent anything back yet? as its not in my correct name could i not just ignore it or would i still end up getting done in my own name?
thanks


My bold for emphasis
QUOTE (AJFitz @ Tue, 18 Mar 2008 - 22:38) *
they have mispelt my name wrong on the NIP.
Have you received a NIP? - Yes


Elementary my dear Watson as Sherlock Holmes never actually said. How badly spelt is it (don't give it exact, just an example) and does it match what is on the reg doc? Highly unlikley it will be of any relevnace at all!

Simon




they have added an extra letter to my second name thats all. i didn't think it would make much difference but i thought i should metion it. im not to sure what names on the V5 DOC so ill check later when im at home if its of any importance.



The Rookie
Write and ask for a still as my post #2, see what it shows....avoiding a swrving vehicle MAY be s special reason not to endorse, also answer my Q's in #5!

Simon
AJFitz
thanks for your reply, i throught i had answer your q's in post 7 but here goes, the second name on the NIP has an extra letter eg Mr Fritzgerold instead of Mr Fitzgerold (not my real name). As for the reg doc (or V5) im not too sure what name it has on it ill check when i go home.
Thanks again
The Rookie
I suspect you'll find the reg doc is wrong as the data for both comes from the DVLA, in which case the NIP is correctly served as its been sent to the details available, however as I said, its clear its for you (you opened it) so no defence anyway!

Simon
nemo
QUOTE (AJFitz @ Wed, 19 Mar 2008 - 12:46) *
the second name on the NIP has an extra letter eg Mr Fritzgerold instead of Mr Fitzgerold

Its worth considering that a notice in the name 'Hornet' which was sent to a Mr Horne was held not to have misled him and, as such, the error was deemed insufficient to invalidate the notice (Camp v Horne [1965])..


AJFitz
ok thanks ill just forget about that mistake then. ill write them a letter asking for the photo, is there any templates or anything i can use to help me write such a letter?
Andy
nemo
QUOTE (AJFitz @ Wed, 19 Mar 2008 - 14:44) *
ok thanks ill just forget about that mistake then. ill write them a letter asking for the photo, is there any templates or anything i can use to help me write such a letter?
Andy

Pro-forma letters are best avoided.

Simply write a short, polite letter which requests 'copies of any photographs which may assist with identification of the driver'. Avoid any embellishment and use of the word evidence within the letter..wink.gif
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