NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - March 2009
Date of the NIP: - 65 days after the offence
Date you received the NIP: - 66 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M06 SB J4A - J4 MP174/08+50 MP172/09+10
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? - Registered keeper and owner
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 - This is the second final reminder I have received. The original NIP was sent 9 days after the offence. This is the second NIP I have received since then. Apparently the speeding offence was through temporary traffic lights on the M40 - Doing 57 in a 50 mile temporary zone. I have not responded because I'm unsure whether I was driving the car on the offence date so I am waiting for the summons. Is this the right thing to do? Can I request photographic evidence?

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? - Unsure
Do you know who was driving? - Unsure who was driving

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:

• If you can show that after reasonable diligence you have been unable to determine the identity of the driver, you will not be guilty of S172 failure to provide.

Generated by the PePiPoo NIP Wizard v3.3.2: Sat, 23 May 2009 15:24:45 +0100

If you want to get 6 points for failing to provide the driver's details, without any possible defence, carry on.



Yes, but don't use the word 'evidence' - ask for photos to help you to identify the driver.

If you don't name the driver within the time allowed for by the latest reminder, you will almost certainly be summoned for failing to provide the driver's details. As you have not yet asked for photos, a reasonable diligence defence would stand no chance, and failing to provide what information you do have (such as the details of the possible drivers) within the original 28 days would have sunk you anyway.

If the photos don't help, you can either 'toss a coin' and name a driver, or get 6 points as mentioned above. If the nominated driver disputes being the driver, you could still win the 6 points.
If you name yourself as the driver, you will either be offered a speed awareness course or a fixed penalty.

You are rapidly heading for a summons for 'Failure to Furnish' which carries 6 points and £300 plus fine. Have they still given you 28 days to respond and how much time have you got left. You could write to them, providing the Reg, NIP Ref and Name and request copies of any photo's to help identify the driver. DO NOT elaborate, or use the words evidence or proof. They do not have to provide them but usually do. This does not stop the 28 day clock for returning the NIP. Then you get the photo's wash off the ID and reg and post them in your thread using the instructions in the FAQ section and others will help you with the quality of the Ping and any possible errors and you can decide if you can identify the driver. Pete D

Sorry typing when you posted Andy.

Thanks alot for your advice. I have sent a letter requesting photographic 'help' to identify the driver.

For some reason they have given me another 28 days. The letter says Final Reminder - but its a final reminder for the final reminder they posted out last month!

Anyhow, I'll keep you posted.

Thanks again.

Have you responded to them at all?

'Flegg' established that if you don't know the driver you have to give the details of those who may have been driving, what have you done to try and ID the driver, at the moment your looking at 6 points and a fine of 150% of your weekly pay, a 3poin/£60 fixed penalty looks more attractive.

You don't even seem clear on the alleged offence, was it speeding or going through traffic lights (none there as far as I know!)

Simon

The reasonable diligence ship sailed a long time ago. He needs to name a the driver to avoid getting the 6 points.

Obviously, if he stretches the process out long enough, Warwickshire's policy for offering speed awareness courses will be irrelevant as he will be too late to accept one if he would have otherwise been offered one.

Some forces can be strung along for a considerable amount of time, but 6 months from scratch is not feasible IMHO.