Help - Search - Members - Calendar
Full Version: [NIP Wizard] 35Flipper
FightBack Forums > Queries > Speeding and other Criminal Offences
35Flipper
NIP Details and Circumstances
What is the name of the Constabulary? - Suffolk Constabulary
Date of the offence: - 14/01/2008
Date of the NIP: - 22/04/2008
Date you received the NIP: - 23/04/2008
Location of offence (exact location as it appears on the NIP: important): - A11, Elveden
Was the NIP addressed to you? - Yes, the second time.
Was the NIP sent by first class post, second class or recorded delivery? - Not Sure
If your are not the Registered Keeper, what is your relationship to the vehicle? - Company Car
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 -

The original letter (Dated 11/04/08) was sent to the owners of the vehcle, they sent me a letter stating they had informed the police I was responsible for the car at the time of the offence, a week later a letter arrived at my house (dated 22/04/2008) saying that I was seen speeding at Elveden on the A11. I don't remember much else as this alledged offence was over 3 months ago!.

The dates have also been changed on the nip to correspond to sending out to me again - The company recieved the original nip dated 11/04/2008, I received it dated 22/04/2008. Not sure if this makes a difference though.

By my reckoning I make the Nip 12 weeks overdue. How should I tackle this?


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

nemo
Two questions:

What is the nature of the alleged offence ?

and,

Who is the registered keeper of the vehicle (ie whose name is on the V5C, who receives the VED reminders, etc) ?

35Flipper
I was doing 48 in a 40

The name on the original nip is Ms H**** B******, AA driving School, I'm not sure whose name is on the V5
nemo
QUOTE (35Flipper @ Thu, 24 Apr 2008 - 15:18) *
I was doing 48 in a 40

Allegedly..wink.gif

QUOTE (35Flipper @ Thu, 24 Apr 2008 - 15:18) *
The name on the original nip is Ms H**** B******, AA driving School, I'm not sure whose name is on the V5

That would not be the original NIP if the registered keeper is a lease company, for instance.

You really need to confirm the RK's details and, if possible, when they received the initial notice.
35Flipper
Ok, I can do that. It might take a couple of hours though...

One other thing. If the original date of the Alledged offence was 14/01/2008 couldn't I ask for a photo to help identify the driver. I've noticed it is only about 8 weeks untill the six months is up, if I ask for a photo to help identify the driver as the alledged offence was so long ago? Surely by the time I got the photo it would be very close to the 6 months from the original date??? Just a thought.
35Flipper
Ok, Lombard are the RK and they received the original NIP on the 21st Jan (Bugger!) They actioned it the same day and apparently snet a letter to the AA saying they had recieved it.
nemo
QUOTE (35Flipper @ Thu, 24 Apr 2008 - 15:46) *
I've noticed it is only about 8 weeks untill the six months is up, if I ask for a photo to help identify the driver as the alledged offence was so long ago?

Yes. Keep any such letter short, to the point and do not embellish. Something along the lines of 'please can you supply copies of any photographs which may assist with identification of the driver' should suffice.

I'd suggest sending the letter maybe 2 - 3 weeks after you received the s.172 request. Not too early, but not too late to arouse any suspicion either..wink.gif

QUOTE (35Flipper @ Thu, 24 Apr 2008 - 15:46) *
Surely by the time I got the photo it would be very close to the 6 months from the original date???

That might be a touch optimistic, IMHO..

You should probably bear in mind also that there is nothing in statute which specifically permits extension to the 28 day response window of a s.172 request. Whilst the scammers normally 'freeze' the clock if they perceive meaningful correspondence to be taking place, there is nothing to prevent them from commencing proceedings for failing to furnish if you fail to provide the details of the driver within the permitted 28 days.

Note that there is a statutory defence to the above if the person on whom the notice is served is able to show either that he gave the information as soon as reasonably practicable after the end of the 28 day period or that it has not been reasonably practicable for him to give it.
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.