Help - Search - Members - Calendar
Full Version: [NIP Wizard] 2nd NIP arrived after 28 days of offence
FightBack Forums > Queries > Speeding and other Criminal Offences
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - August 2009
Date of the NIP: - 60 days after the offence
Date you received the NIP: - 63 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A449 Dunhampton
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Second
If your are not the Registered Keeper, what is your relationship to the vehicle? - Wife's car (same address)
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 - Unsure who was driving at the time.
First NIP originally sent to my wife within 7 days of alleged offence.
Believe she requested various calibration info etc and after a delay was forced to complete the NIP naming myself as the driver, hence delay in (the 2nd) NIP being despatched, addressed to myself! As I was officially unaware of the original NIP and the one addressed to me arrived after 28 days, can the Police pusue?

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)? - No
Is the NIP addressed to you personally? - Yes
Although you are not the Registered Keeper, were you 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: Sun, 08 Nov 2009 22:44:10 +0000
It is only the initial NIP (ie that to the RK) which is required to be served within 14 days of the alleged offence.

Subsequent notices, where a person has been nominated (for instance), are not subject to the same restriction of time.
Many thanks for the swift reply Nemo!

Yes, unfortunately I now realise this after taking the time to look further around the site.

However, even though the device (LTI laser) performs a self test on start up, I'm hoping there's some mileage in requesting proof that the operator has a). recorded the calibration checks prior to and at the end of "tour of duty" and b). proof/certifcates for training in correct use - both as specified by ACPO.

I will be grateful if you or anyone have any thoughts/real world experience in requesting this, although I suspect in reality the Police normally take the "this information is available should you choose to plead not guilty" stance?

Thanks again!

QUOTE (Brummiemoto @ Sun, 8 Nov 2009 - 23:28) *
I will be grateful if you or anyone have any thoughts/real world experience in requesting this, although I suspect in reality the Police normally take the "this information is available should you choose to plead not guilty" stance?

Pretty much.

You can ask, but they are under no statutory obligation to forward copies of any 'evidence' until such time as a summons has been served and plea of not guilty entered in response.
Well, I hate just giving up and rolling over, it's just such a loaded system!

Looks like I'll be paying the £60 and taking a day off work to attend their Speed Awareness course.

Whatever reply I get from them I'll post here.

Thanks again!

Pete D
The cut off point for SAC's is 10% plus 6 so what sepped are you accused off in what limit. Pete D
Thanks for your input Pete,

actually the alleged speed was just a few MPH above (and obviously beyond) ACPO's 10% +2MPH. I have been offered the Speed Awarness Course, which is probably the option I'll have to take.

Interestingly since my last post I've been told by the ticket office that photo's are only from the rear and do not identify the driver so can't help me (or  equally them) define who was driving; this apparently is no defence as unfortunately the more I read about this scenario the more it appears you are guilty until proven otherwise - not how British justice should operate..................but then again the media is full of U.K. legal system shortcomings!

This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2020 Invision Power Services, Inc.