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DUVVAJ
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - December 2009
Date of the NIP: - 14 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): - A23, PYECOMBE
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Not known
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 - DRY SUNNY DAY. LITTLE TRAFFIC. DUAL CARRIAGEWAY. NO HOUSES, JUNCTIONS, PEDESTRIANS, SCHOOLS. MOBILE VAN POSITIONED SUCH THAT IT WOULD BE VERY LATE BEFORE ANY MOTORIST COULD SEE THEM, REGARDLESS OF SPEED. I WAS ALLEDGEDELY TRAVELLING AT 80pmh. in a 70 mph. ZONE. I ADMIT TO BE DRIVING IN EXCESS OF 70MPH. BUT NOT 80MPH. THIS IS A STRETCH OF ROAD THAT I USE EVERY DAY AND IT WOULD BE UNLIKELY TO DO THAT SPEED ON THIS BEND. I HAVE CHECKED THIS VIA MY GARMIN SATNAV.

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, 22 Jan 2010 08:19:54 +0000
peterguk
QUOTE (DUVVAJ @ Fri, 22 Jan 2010 - 08:19) *
Date of the offence: - December 2009
Date of the NIP: - 14 days after the offence
Date you received the NIP: - 14 days after the offence
MOBILE VAN


Please give us the exact dates of offence, the date of the NIP and when you received the NIP..
DUVVAJ
The date of the offence was 10/12/2009.

I'm not absolutley certain of the date receipt for the NIP, but I think it was 24/12/2009 i.e. the same day I returned the NIP.

Sorry I'm new to all this and I can see this can all be vital information.

All i'm really trying to do here is prevent points form going on my licence, the financial penalty is tough enough, but I'll take that on the chin (if necessary). I wouldn't mind if this was a dangerous stetch of road, but it isn't. This could eventually with further points prevent me from working is that what the government, society etc really want? Ithink it is far more dangerous me driving around constantly checking both my speedo & satnav speedo (for accuracy)!
nemo
QUOTE (DUVVAJ @ Fri, 22 Jan 2010 - 08:58) *
I'm not absolutley certain of the date receipt for the NIP, but I think it was 24/12/2009 i.e. the same day I returned the NIP.

It could be very important, so relying on guesswork is not ideal.

Did you keep copies of anything - the NIP ?; the s.172 form ?; the envelope ?

And how long have you been the registered keeper of the vehicle ie what is the DocRef data on Page 2 of the V5C logbook ?
DUVVAJ
Thank you for your time and help, as i've already said this is all new to me and I can see that I now should have done all of these things.

all I can say is that obviously I recieved the NIP on or BEFORE Christmas Eve as that is definatley the day I returned it.

I will check the V5C (for a reason that you know of but not me yet) but I'm presuming that all the dates will be accurate as I purchsed the car from a reputable main dealership.

Unfortunately I am typing this from my office email address and it seems I cannot logon via my home email (guess htey are linked to the login), is this corect please?
nemo
QUOTE (DUVVAJ @ Fri, 22 Jan 2010 - 09:13) *
Unfortunately I am typing this from my office email address and it seems I cannot logon via my home email (guess htey are linked to the login), is this corect please?

No, the ability to login has nothing to do with your 'email'. You just need to ensure that you enter the correct username and password.
Transit man
QUOTE (DUVVAJ @ Fri, 22 Jan 2010 - 09:13) *
I will check the V5C (for a reason that you know of but not me yet)

To confirm the original paperwork was sent to you & not a previous owner.
DUVVAJ
Thanks for the heads up on the home login, though I did try it 6 times very slowly and carefully on 2 computers and that's why I thought it was linked to the email address for security reasons. I shall try once more this evening.

jimster
You say you returned the NIP the same day you received it

Did you just name yourself as the driver?



Have you been offered a COFP and have you accepted it?

DUVVAJ
Yes I named myself as the driver.

I do have a COFP for £60 & 3 points for which I have to respond to by 28th January. I have yet to do so, pending all you kind people giving me the valuable advice, that may prevent the points going on my licence.
The Rookie
There is little you can do now but accept, especailly as you appear to admit the crime (exceeding 70mph limit).....

Simon
DUVVAJ
Yes I have admitted it, to this forum and I suppose to the police by getting the COFP.

I would however be interested to learn if the equipment used was properly calibrated and checked on the day, as we seem powerless to refute the aligation where these devices particularly those used in the vans are concerned.

I've heard that in 70% of cases the police do not chase drivers who do not return the variuos paperwork, do you know if this is true?

We ought in my opinion to campaign for the points element of the punishment to be removed or at least reduced to 1 point (in all but serious, offences) balanced by an increasing scale of financial penalties for second and subsequent offences. That would A) give the govenment what it wants (more money) and I believe that truly is all they want. B) it would prevent generally law abiding honest and hard working citizens potentially losing their jobs! Perhaps this is all a bit too contentious!

Before anyone suggest "that's ok. for you mate - you can afford it" it's most definately not the case. I would however prefer to have a small wake up call to monitor my speed more often that losing my livelyhood. These are not as we all know Safety cameras they are SPEED (revenue) scameras!


southpaw82
QUOTE (DUVVAJ @ Fri, 22 Jan 2010 - 14:38) *
I would however be interested to learn if the equipment used was properly calibrated and checked on the day, as we seem powerless to refute the aligation where these devices particularly those used in the vans are concerned.


The only way you're going to do that is by ignoring the COFP, getting a summons and pleading not guilty. Not recommended if you are guilty.

QUOTE
I've heard that in 70% of cases the police do not chase drivers who do not return the variuos paperwork, do you know if this is true?


Untrue and a very, very bad idea.
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