Help - Search - Members - Calendar
Full Version: [NIP Wizard] Is there as time Limit for issuing an NIP for speeding??
FightBack Forums > Queries > Speeding and other Criminal Offences
raidernation
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2008
Date of the NIP: - 114 days after the offence
Date you received the NIP: - 115 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A41 Whitchurch by pass towards Chemistry (L) FE01 WHITCHURCH URBAN
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? - Employee HGV Driver
How many current points do you have? - 3
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 along the A41 by pass which is a 50mph limit (40 for class of vehicle I was in when I can around a right hand curve to see a van parked on the near side farther down the road, it hadnt registered that it was a mobile police camera van until it was too late. I was doing 49 mph according to the NIP (prob about right) not sure how much other traffic was on road at time but pretty certain there was.
Was pretty surprised to get an NIP at this late stage(almost 4 months) so have forgotten most of incident.
Is there a time limit for getting the NIP out to people???


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, 17 Jan 2009 14:08:09 +0000
andy_foster
QUOTE (raidernation @ Sat, 17 Jan 2009 - 14:08) *
Is there a time limit for getting the NIP out to people???


No.
Strictly speaking, the only time limit for NIPs is that (subject to certain exceptions) the NIP to the RK must be served within 14 days.

The next time limit is that an information (application for a summons) must be laid within 6 months of the alleged offence.
You have 28 days from service (delivery) of your NIP to provide the driver's details. You will then probably be issued a COFP which precludes them from laying an information for 28 days (from date of issue).
With a bit of luck, they might issue a reminder/extension if you do not respond to the COFP, which might take you over the 6 months.
Glacier2
Send back the S172 by special delivery to arrive on the 27th day. Do not be in a hurry now. smile.gif

They will take a few weeks to issue a COFP which again you have 28 days to respond to. Hopefully this will take you over the 6 month mark.
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.