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philip j
I have just come back off holiday to find a reminder notice for a NIP that was alleged to have happened on 30/06/10 for exceeding a 30 mph limit. I have never recieved the original NIP, should I just send it back or is their anything I can do ?
jobo
you do need to return it

BUT if you didnt receive the original you should send what is called the RAC letter, il link it in a min, which points out that as the original wasnt recieve3d in 14 days they cant/ should be able to prosecute you

dont expect them to just give up and it may end up in court with you having to give credable evidence that it wasnt received

does it give you any clue about the offence ?


Dear Officer ******,

CVVVVVVVV - Notice of Intended Prosecution

I received your letter dated *********, the references for which are detailed above. I have enclosed a copy of the Notice sent to me recently, for ease of cross-reference.

You have written to me because I am the Registered Keeper of the vehicle mentioned in your Notice. My address is correct as per the details at DVLC, and the vehicle was not a Company car, and was neither hired nor borrowed.

No Officer spoke to me at the time of the alleged offence, and no accident took place. Also, no Police person has spoken with me at or near the time and place detailed in your Notice. The written Notice is the first indication from you of any intention to prosecute.

Your Notice details the alleged offence as VV:VVhrs on *********. The Notice is dated ********, and it came to me by post, received on ********.

Excluding the day of the alleged offence, this was **th day from the date detailed in your Notice.

Following discussions with the RAC Legal Helpline, please note that the Notice cannot be acted upon as it is time-expired. For this Notice to have been valid, it ought to have been with me within 14 days of the alleged offence [Gidden v Chief Constable of Humberside [2009] EWHC 2924 (Admin)].

It was suggested I write back to you immediately with these comments.

Yours sincerely


youl need to change it to reflect that the original wasnt received but a reminder was, but you get the gist
andy_foster
Please visit the READ ME FIRST section (Click Here), answer all the questions in the NIP Wizard (including the detailed questions reached by clicking on the Additional Questions button on the second page), and the Wizard will then post its output back here to enable us to help you.
philip j
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - June 2010
Date of the NIP: - 30 days after the offence
Date you received the NIP: - 31 days after the offence
Location of offence (exact location as it appears on the NIP: important): - common road southbound newton-le-willows
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? - 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 - I have no real recollection of this as I have just recieved the reminder but did not recieve the original.The copy just states ref date of the 30/07 so no idea when original was sent.

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, 02 Aug 2010 08:40:56 +0000

The reminder states where the alleged offence was and the alleged speed, 45 in a 30 mph limit. How can I prove the original was not recieved, should I just accept it and take the points, really do not want to be getting to court especially with me being a nurse, cant afford to be getting in trouble if they do not believe that I did not recieve original.
peterguk
QUOTE (philip j @ Mon, 2 Aug 2010 - 09:48) *
The reminder states where the alleged offence was and the alleged speed, 45 in a 30 mph limit. How can I prove the original was not recieved, should I just accept it and take the points, really do not want to be getting to court especially with me being a nurse, cant afford to be getting in trouble if they do not believe that I did not recieve original.


If posted 1st class, there is a rebuttable presumption in law that the NIP was delivered 2 business days following posting. If you dispute the presumption, the BiB/SCP will produce evidence to show the court when it was posted - that's all they can do.

It will be for you to rebutt this presumption, and will be down to your credibility in court as to whether the Mags. believe you.

BTW, ensure you complete and return the S.172 request regardless of whether you decide to challenge the delivery of the 1st NIP.
philip j
Any idea what will happen if magistrates do not believe me ? Like I say is it worth the risk with my job.
peterguk
QUOTE (philip j @ Mon, 2 Aug 2010 - 23:06) *
Any idea what will happen if magistrates do not believe me ? Like I say is it worth the risk with my job.


If the mags decide not to accept your evidence, they'll consider the NIP valid.

Penalty:



An SP30 is highly unlikely to affect your job.

Logician
QUOTE (philip j @ Mon, 2 Aug 2010 - 23:06) *
Any idea what will happen if magistrates do not believe me ? Like I say is it worth the risk with my job.

All that will happen is that they will probably convict you of the speeding, so instead of getting a penalty of £60 + 3 points as you would by accepting the fixed penalty, you would get a fine of your net weekly income + costs of say £65 + £15 surcharge + 4/5 points. There is no fine or anything else for the court disbelieving you, if that is your concern. Only you can decide if it is worth the risk of trying to convince the magistrates.

For what it is worth, as you have no points currently, I personally would not risk more than 3 points and a larger fine and costs, as well as having to appear in court, and simply take the fixed penalty. As so many people now have points, most insurance companies do not load you premium for 3 points (although you still have to tell them on renewal) but they might for more.
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