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FightBack Forums > Queries > Speeding and other Criminal Offences
soggydog
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - February 2008
Date of the NIP: - 293 days after the offence
Date you received the NIP: - 294 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Sidcup Bypass (A4983)
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? - I was the keeper (I won it in a competition for a year and then it went back to the manufdacturer)
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've just received a NIP for an offence in February, but I have no recollection of being anywhere near that part of the UK! I was due to go into hospital for an operation that weekend so I was probably at home getting ready. I was the keeper of the car from Aug 07-Aug 08 after I won a years use of a Kia in a promotional competition. It could also have been my girlfriend driving, but 10 months is a long time to remember any details. Are these things limited by time ?

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: Fri, 21 Nov 2008 11:52:27 +0000
The Rookie
If you can name a driver, they cannot be prosecuted for speeding as its over 6 months since the allaged offence occured, if you can't name the driver then you ace an S172 prosecuction and 6points and a large fine (circa £600 is common).

AIUI Its not an offence to name the wrong driver, only to do so deliberately or recklessly, if you think it was, on balance of probabilities, you driving, then you should name yourself.

Simon
Lynnzer
Just complete the NIP then go and have a pint. Actually, before you do that make an entry in the success stories as you're well clear of prosecution now.
Drive safely.
davepoth
As everyone says, there is a 6 month limit for prosecution for the speeding, so if you write back there's nothing they can do. They'll probably send you a Conditional Offer of a Fixed Penalty, but it's safe to ignore it.
Hotel Oscar 87
Just to be clear, soggydog, reply as required to your Sec. 172 (the reply section of the NIP) making use of the advice above as to how you should complete it. Just make sure that you get the reply to them within the 28 days (it would be worth sending your reply by Special Delivery from a Post Office to guarantee it gets there) or instead of being home free from the speeding, which is now well past its sell by date, you could collect a nasty 6 points and ~£300 fine for failing to furnish details of the driver.
andy_foster
What was the alleged offence?

If they can prove that you provided incorrect details in response to an s. 172 requirement, you could be convicted of an s. 172 offence. Any such offence would be committed 28 days after your NIP/s. 172 was served, and they would have a further 6 months to lay an information.

The time between the substantive alleged offence and the service of the NIP/s. 172 would tend to assist a reasonable diligence defence if you are unable to provide the driver's details.
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