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FightBack Forums > Queries > Speeding and other Criminal Offences
driver01
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - February 2009
Date of the NIP: - 5 days after the offence
Date you received the NIP: - 7 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M6 Todhills Overbridge Travelling North (N) 337010 562764
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? -
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 southbound on the M6 yet the NIP states travelling north, I am unsure if this falls under the slip rule or is unenforceable.

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? - 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, 20 Feb 2009 15:12:23 +0000
jobo
no it doesnt fall under the slip rule

but , the requirements for info on an nip require location , not direction of travel
andy_foster
The purpose of the NIP is to enable the driver to recall the incident that gave rise to the allegation (or at least give him a fighting chance). The required details are directory towards this purpose - any error in the time/date/location will not invalidate the notice if the driver was not misled by it (Pope v Clark).

quickboy
Several years ago a friend got flashed by a GATSO and the NIP had the wrong direction of travel on it. He took it to court and got the case thrown out due to the scammers error! Then things have probably changed for the worse since then.
The Rookie
That was an error in law - probably.

The key issue with NIPs (which the slip rule has nothing to do with at all) is if the recipient is mislead, so any number of apparently serious errors may not be relevant where apparent minor ones may be (and its very case specific, for example if the recipient wasn't driving they are more likley to be mislead), in this case the OP is clear, so is not mislead, so the NIP is valid.

I would always advocate
1/ Writing and ask for "photo's to help ID the driver" or similar, it may highlight a problem, at worst you get a souvenir (don't ask for ‘evidence’ or ‘proof’).
2/ Reply to confirm who was driving and giving all the info they want in a letter (inc ref numbers and within the permitted 28 days from receipt of the request) so they can't use image recognition software on your form and have to work for a living!

The scammers are all on fixed budgets now, so the more work they have to put in to ‘do’ each ‘customer’ the less ‘customers’ they can ‘do’!

Simon
vw driver
QUOTE (The Rookie @ Sat, 21 Feb 2009 - 06:14) *
2/ Reply to confirm who was driving and giving all the info they want in a letter (inc ref numbers and within the permitted 28 days from receipt of the request) so they can't use image recognition software on your form and have to work for a living!

The scammers are all on fixed budgets now, so the more work they have to put in to ‘do’ each ‘customer’ the less ‘customers’ they can ‘do’!

Simon


That is a very helpful idea biggrin.gif
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