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rossi
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - April 2009
Date of the NIP: - 15 days after the offence
Date you received the NIP: - 17 days after the offence
Location of offence (exact location as it appears on the NIP: important): - a363 widbrook at bradford on avon in the county of wiltshire
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Recorded
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 don't actually know exactly what happened but i have the NIP for dangerous and careless driving. Its states that it is alleged that the driver was driving in a careless manner in so much as he overtook other vehicles at considerable speed with no regard for other road users.

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: Mon, 27 Apr 2009 23:29:39 +0100

Any help really appreciated with this. I genuinely believe i have done nothing wrong. I know the stretch of road and I have overtaken on this stretch of road before and cannot see any reason why this would be deemed dangerous.
Thanks
srg
Have you got evidence that the NIP arrived late? Do you still have the envelope - the postmark may be useful?
rossi
the nip is dated the 22nd of april. which is outside the 14 days anyway! I have the envelope and it was recorded delivery. The letter that this came with is dated the 23rd of April and so again this is outside the 14 days before this was even sent.
nemo
What is the DocRef date on Page 2 of your V5C (logbook) ?

And are your address details correct ?
rossi
yeah the address details are all correct. the ref date from what i can see is the 10-03-09 which is a month before (minus 3 days) i've had a tax renewal through in this time aswell from the dvla.. so the details are all correct
nemo
More than a month from when the DVLA database was updated with your details should be sufficient to have enabled the police to have served you with a NIP within the 14 days required by statute.

In the first instance, I might be inclined to send the police a personalised copy of the RAC letter (follow the NIP Wizard's link). This should elicit some response from the police and may highlight an [as yet] unidentified reason for the apparent late service of the initial NIP. Shaking the tree and seeing what drops, so to speak.

But note that whilst a NIP which is deemed defective through late service is an absolute bar to conviction of the offence to which the notice applies, it does not necessarily absolve the recipient of providing the driver details within 28 days of receipt of the s.172 request.

To this end, if you send a copy of the RAC letter in the near future and have not received a response by, say, day 25, then you should consider providing the details of the driver anyway. This could take the form of a duplicate RAC letter, but with an additional paragraph stating that you were driving at the material time and place. Tagged on to this should be all of the information requested - your name, your address, date of birth, driving licence no. etc..

rossi
I really appreciate the help. I'll do this I'm thinking of hiring a solicitor for some advice aswell. Do you think this is needed or just literally follow the personalised RAC letter route.
I can't afford to get prosecuted for this from both a future insurance point of view and for my job.
I really genuinely don't believe i've done anything wrong either and so I need to get this overturned.
nemo
QUOTE (rossi @ Tue, 28 Apr 2009 - 00:11) *
I'll do this I'm thinking of hiring a solicitor for some advice aswell. Do you think this is needed or just literally follow the personalised RAC letter route.

Personally, I might be inclined to send the RAC letter and see what the police have to say for themselves (whilst keeping one eye fixed firmly on the 28 day response window of the s.172 request).

But the advice for anyone considering consulting a solicitor is often to do so before entering into ANY correspondence with the police / SCP. This would avoid a solicitor being subsequently 'boxed in' by any inadvertent [early stage] actions, admissions or omissions on the part of the accused.
rossi
thanks for all your help. This is now sorted. The NIP has been revoked.
Transit man
QUOTE (rossi @ Tue, 26 May 2009 - 00:35) *
thanks for all your help. This is now sorted. The NIP has been revoked.


Out of interest, why? on the time out?
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