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nikkikitch
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - November 2008
Date of the NIP: - 88 days after the offence
Date you received the NIP: - 90 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Cross Street Junction of Dane Road, Sale
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? -
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 cant remember the offence to be honest but know that if i did go through a red light, it woudve been because it was dangerous to stop!
If i wasnt driving the car, but dont know who was yet there is no one else named on the insurance, what would happen?
Also, with it being issued so long after the offence, can i get off with it?


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? - No
Was there a valid reason for the NIP's late arrival? - No

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • The first NIP to the Registered Keeper must arrive within 14 days unless there is a valid reason why that was not possible, for example a recent change of details.

    This link will take you to the advice provided by the RAC's legal team.

Generated by the PePiPoo NIP Wizard v3.3.2: Tue, 24 Feb 2009 16:04:49 +0000
Pete D
Have you moved house or changed the car in last 6 months. What is the date in your V5. Pete D
nikkikitch
I might get a bit of an ear bashing about this which is probably deserved, BUT if you can put my stupidity to one side for a sec and help me out, it would be much appreciated! smile.gif

I moved into a new property on 26th October 2008 and about 3 weeks ago received TWO NIP's for running red lights. Both NIPS are dated 28/01/09. The first offence was on 11/10/08 and the second 01/11/09.

I have checked with the DVLA and the car is registered from my new address from 17/11/08. Does this mean that for the offence dated 01/11/08 it is not valid as it wasnt received 14 days after?

I know the police can argue it was sent to my last known address for the offence dated 11/10/08 but surely not for the November offence?

Also, for one of the offences, im not sure i was actually driving. Can i say i dont know who was driving? I dont have anyone else registered to drive or insured to drive the car, BUT my housemates have been known to take the car occasionally to nip to the shops etc. Would i then be liable for a different offence of allowing other people to drive my car when they arent insured?

I need to send the NIP back this week , so any help would be much appareciated ASAP.

Cheers

southpaw82
Your car was registered to your new address from 17/11/08.

Any offences prior to this date (by more than a few days) would result in the NIP being sent to your old address. I would expect offences committed on 11/10/08 and 01/11/08 to go to your old address. I strongly suspect that the 14 day rule will not apply to these cases.

If you were driving you should say so. If you genuinely can't remember then you face fighting a s. 172 charge to which you may or may not have a defence. If you're thinking of lying by "not remembering" then please go away as nobody here will conspire with you to commit offences.
nikkikitch
the date on my log book is 17th November 2008.

I dont intend to lie, but if i genuinely dont think was driving, but dont know who was and that person is not insured, what would happen?

Thanks
jobo
you mean if you do know who was driving but they had no insurance

quite poss nothing, if they accepted the cofp, payed the fine ect, they are not likely to investigate any deeper, which is one of the great lies about cameras, that they catch un insured drivers

if ,on the other hand it gets to court action, and it comes to light, then its at least six points for them, and poss, dependent if the car was twoced at least 6 for you for permitting driving with out insurance

if you named your self klnowing it to be untrue you could face prison, if caught

if you are reckless in who you name, thats not an offence

and if you dont send it back its six points for you
nikkikitch
There is no one else insured to drive the car, but what if i dont know and cant work out from the photographic evidence who it was? Im sure it wasnt me driving but what if between the possibilities we cant work out who it was, do i take the rap?

jobo
dont like the way thi is going

there are only three possibles

it was you driving

it was someone else driving your car, with or with out your permission

it was not your car

if its no 1 then you either admit it or you fail to adequately conplete 172 and get 6 points

if its 2, you need to be able to either name the person or persons suspected or able to gain access to the car or you get 6 points ( if you think it was twocked then when and why didnt you notice

if its three, there maybe a cloned car knocking about, or they have mis read the vrm

if you say its cloned they will be all over it taking picies
The Rookie
QUOTE (nikkikitch @ Tue, 24 Feb 2009 - 22:34) *
There is no one else insured to drive the car


Actually I am insured to drive your car, as are the vast majority of road users with fully comp' cover (with your permission), just because they are not named on that cars policy, it doesn't mean they aren't insured.

Either you know who was driving or don't.

If you don't name a driver you will almost certainly be summonsed for failing to supply the information when you'll have to show you couldn't name the driver (and not remembering won't cut it), 6 points and a large fine, 2 6 pointers is a ban.

If you do know, name them as late as possible within the 28 days permitted by law, they will get a NIP in their name, if they name themselves as late as possible within the 28 days they will probably then get an offer of a fixed penalty, that will be live for 28 days and almost certainly see the case timed out so no further action (for speeding) will happen.

The scammers don't check insurance status, this scenario plays out on here about 4 time a year, no-one to my knowledge has ever been charged.

On the other hand, don't be so silly again, you risk 2 6 pointers (and a ban) for permitting an (or 2) uninsured drivers drive your car, not smart.

Of course, getting caught entering into a conspiracy to attempt to pervert the course of justice is a MANDATORY jail sentance, so driving bans can be considered minor by comparison.

Simon
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