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FightBack Forums > Queries > Speeding and other Criminal Offences
droddis
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - March 2008
Date of the NIP: - 98 days after the offence
Date you received the NIP: - 100 days after the offence
Location of offence (exact location as it appears on the NIP: important): - PARK ROAD,, BOWDON
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? - Dads 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 was travelling at 40 in 30 and got caught by a mobile speed camera

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? - 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: Sat, 28 Jun 2008 13:05:47 +0100
jeffreyarcher
QUOTE (Thread title)
6 Month Rule????

I assume that you are referring to the six months time limit to lay an information for the speeding charge?
droddis
i have recieved a court summons this morning for a failing to supply information under S172(3) of the RTA1998. This is the first i have heard regarding this matter. The Police have enclosed request for information as evidence, but they were never recieved, my partner can back me up that i never recieved it as she is nosey and always reads my mail.

I have 3 Options

1. Plead Guilty by Letter
2. Plead Guilty in Person
3. Plead Not Guilty

What do i do i cannot afford a solicitor, i am guilty of speeding but would have paid the fine as soon as i recieved it (if i had known).

How do i plead?

Thanks
Gaza
If you are not guilty then that is what you should plead.

A NiP/S172 is presumed served unless it is rebutted. To do so you will need to stand up in court with a witness if necessary and be absolutley convincing that you did not receive the letters. The scammers will agrgue that they can show they were posted but unless the used registered post (highly unlikely unless it was Dumfries & Galloway) then they cannot prove you received them.
droddis
So i need to tick NOT GUILTY and send in written details and witness statements???
bama
You have the NIP ? If so please fill out the NIP Wizrad ( link in top right hand side corner) - fill out all additional pages.
droddis
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - March 2008
Date of the NIP: - 37 days after the offence
Date you received the NIP: - 188 days after the offence
Location of offence (exact location as it appears on the NIP: important): - PARK ROAD,, BOWDON
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? - Dads 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 - there was also a reminder sent on 25/06/08 - Both not recieved until today included in S172 summons

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: Tue, 30 Sep 2008 14:08:54 +0100
The Rookie
Same offence as http://forums.pepipoo.com/index.php?showtopic=33635? one thread one case please.

If this is teh first S172 request you have had, you should write now and name the driver at the time (if you know who it was), it establishes your bona fide.

Is there any reason you can think of why 2 pieces of post did not arrive? Any history of other post going astray? While its easy to believe one piece of mail going astray, as I'm sure you can apprecaiet, believing 2 have gone astray is harder!

Simon
droddis
Alot of post goes missing here, i dont why - if i need an important document i always ask people to send it me recorded. I also find i get nothing for days then 20+ items

do i write to the police or the court naming myself as the driver????
The Rookie
Write back to the requester - presumably a scammeraship - don't compliment them by calling them the Police!.

Write a letter, explain this is the first paperwork you have recieved in relationship to this alleged offence, make sure you add the NIP ref. no., put in a statement to the effect that you can confirm you were driving, give all the details asked for on the form and then sign and date below that, keep a copy and send to them 'special'.

Have you complained to the post office, do you have any record of the postal problems?

Simon
Pete D
Some confusion here. Was your Dad who did not receive the first NIP or did he return that with your details and you did nor get a NIP in your name. Do you live with your father. Pete D
droddis
I asked my dad they sent him one - he sent it back with my details. But I recieved nothing.

droddis
ok i've sent a letter to GMP confirming me as the driver on next day delivery. Do i know tick plea not guilty, do i have to supply anymore information with the plea or wait till a court date is set?
The Rookie
Plead not guilty, when you case is heard, it will be opened, plea entered and then adjourned and a trial date set, no need to add anything to the NG plea at this stage.

When you have a date for trial, then it would be beneficial to you to enter a complaint defemce statement, explaining the circumstances and your defence, supplying a copy of any evidence you want to rely on, such as the copy of your letter

S172 para7b the person on whom the notice is served shall not be guilty of an offence under this section if he shows either that he gave the information as soon as reasonably practicable after the end of that period or that it has not been reasonably practicable for him to give it. ( http://www.statutelaw.gov.uk/content.aspx?...;filesize=12137 )

Simon
droddis
That is very reasurring simon, so as this is the first opputunity i have had to send the information and have done so i am not guilty of s.172 - I will post the plea back today as not guilty and will keep the forum updated.

Thanks for all the help every1
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