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FightBack Forums > Queries > Speeding and other Criminal Offences
bogboy96
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - March 2009
Date of the NIP: - 10 days after the offence
Date you received the NIP: - 14 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A134 Cranwich, towards Whittington
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? - 9
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 believe the route is 60mph, and I was clocked doing 58mph. I was in my van and it says on the NIP...Alleged offence of Excess Speed 50MPH (Goods vehicle less than 7.5 tonnes) Contrary to S86(1) & 89(1) RTRA 84 & Sch 2 RTOA 88. My van is classed as a PLG, not LGV. Have they made a mistake?

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? - Unsure
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, 03 Apr 2009 17:14:46 +0100
jobo
what type of van is it ?
bogboy96
ford transit 190 lwb
jobo
no they havent made a mistake


what you need to do is to find out when the nip actually arrived, why are you unsure

they have 14 days not counting the day in question to delver the nip
Pete D
That's a 3,500kg van and any van above 2,000kg is limited differently and it would have been 50 in 60 limit. I'm afriad you have made the mistake. Pete D
andy_foster
QUOTE (bogboy96 @ Fri, 3 Apr 2009 - 17:14) *
(Goods vehicle less than 7.5 tonnes) Contrary to S86(1) & 89(1) RTRA 84 & Sch 2 RTOA 88. My van is classed as a PLG, not LGV. Have they made a mistake?


Your van is a goods vehicle with a maximum authorised mass of less than 7.5 tonnes.
If it was also a car derived van with a maximum authorised mass of less than 2 tonnes, it would be subject to the same speed limits as cars, but it's not.

Class speed limits are as follows (unless the posted limit is lower)-
Motorway - 70 mph
Dual carriageway - 60 mph
Single carriageway - 50 mph
Restricted road - 30 mph (unless you use the definition of restricted road that only jeffreyarcher and the High Court understand).
bogboy96
I was away when the nip arrived and a neighbour was picking up my post. He says it arrived on the 25th, so that makes it 15 days. I have alresdy replied to them saying it was over 14 days blah blah.. and got a reply today saying that it was served on time and delays by royal mail does not affect the legality of the notice! As it was only one day late, and the van is over 3500kg I would hold my hands up and take the hit, but I am a mobile mechanic and cant afford to lose my licence!
jobo
hang on there bud

never mind what they say, if it wasnt there on day 14 not including date of offence its late and and thats the end of the matter

just count up again to be sure
bogboy96
So should I write back and say 15 days is to late to pursue it? Whats the next step? I didnt sign the decleration and they have sent it back for me to sign within 10 days. How on earth do i prove it wasnt recieved on time???
Pete D
You entered the dates and the NIP Wizard states 14 days so it is valid. It does not matter when the neighbour picked it up for you as it was posted on the 10th then it was hightly probable that it did not arrive after the 14 th day. Not signing is 'failure to provide' and it carries 6 points and £300, you have to complete the S 172 if you were the driver, guilty or not comes later. Pete D
andy_foster
Late service is a bar to conviction - but you need to be able to prove that it was served late.

N.B. the date of the alleged offence is 'day 0'
jobo
you are lucky enough to have a witness to its late service, so you might need to drag him along to court

to give credible evidence as to what day it arrived
davepoth
Jobo's right, you have a (more or less) independant witness to the fact that the NIP arrived on a specific day. Ask them if they will sign a statement to that effect. If they will then you are home free.
Pete D
He may not have collected the post every day. At present the OP has sent an unsigned S 172 request and he needs to deal with that first as the delivery is, at this stage, not relevant. Pete D
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