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Full Version: [NIP Wizard] How can I tell if this letter is the first NIP?
FightBack Forums > Queries > Speeding and other Criminal Offences
Portia
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - July 2010
Date of the NIP: - 31 days after the offence
Date you received the NIP: - 32 days after the offence
Location of offence (exact location as it appears on the NIP: important): - B2177,southwick Road, North Boarhunt, Hampshire
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 had only taken ownership of the car for 5 days before the alleged offence. The new keeper documentation was left with the dealer for postage as per the new keeper instructions. I hold the green slip.

As the NIP is dated over 28 days after the alleged offence, how can I find out if this is the first NIP and therefore dispute it as 'time barred'?

Is it possible the first NIP was issued to the previous keeper as the new keeper documentation probably hadn't been processed by the DVLA.

If I dispute this NIP as 'time barred' but find it's the second NIP can I still opt for the Driver Awareness Training currently offered or I will be further penalised for the dispute?


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: Sun, 22 Aug 2010 13:12:57 +0000
BaggieBoy
If you bought the vehicle only 5 days before the offence, I'd say it is almost a certainty that the DVLA would not have you as the RK when first requested. It usually take 2 weeks or so for the change to be registered.
Portia
QUOTE (BaggieBoy @ Sun, 22 Aug 2010 - 14:22) *
If you bought the vehicle only 5 days before the offence, I'd say it is almost a certainty that the DVLA would not have you as the RK when first requested. It usually take 2 weeks or so for the change to be registered.



Thanks for the reply BaggieBoy, where does that leave me?

Is there anyway to tell from the letter if it's the first NIP?

Is it worth writing to them to dispute?

Thanks
jobo
probably not, as you would have to turn down the driving course youve been offered to dispute it, with very little chance of success in court

a nice letter questioning if it was sent in time will get a nice letter back saying it was
Portia
OK, thanks for taking the time to reply, I'll take the course option

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