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Victim of Crime
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - December 2010
Date of the NIP: - 6 days after the offence
Date you received the NIP: - 51 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A23 BRIGHTON RD JUNC STAR LANE,HOOLEY
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? -
How many current points do you have? -
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 - Icy conditions, stopped too late but skidded past lights on what I thought was amber, but must have been red by the time I halted in the camera 'zone'

No other traffic on road at that time 0638hrs.

NIP has arrived today! Wrong postage paid (36p, not enough for first, just over for 2nd) envelope opened, muddy boot print on it and in biro, 'not this address' written on it in shaky handwriting. Think it went to the alkie next door! This happens occasionally. The posties are all agency temps in my town these days.

I phoned them today and verbally confirmed I was driving, and they said they would put a note on file and that I should return the NIP completed.

Do I complete it, but not sign it, with a covering letter?

Is it out of time, because they failed to ensure delivery. Wrong postage etc; or does that only work if they fail to post it in time? It is franked (presumably in their postroom) on the 31st December, but that doesn't mean that it was posted then. Do they have to provide proof of postage?


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? - 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? - 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: Mon, 14 Feb 2011 20:04:41 +0000
jobo
yes you have to reply and sign it( allowing its not scotland?)

the postage is discount first class

yes they have to prove postage

you very well might have a case for later delivery, is it suggested that it was put back in the post, or just shoved through your door by the alki ?
Victim of Crime
QUOTE (jobo @ Mon, 14 Feb 2011 - 20:09) *
you very well might have a case for later delivery, is it suggested that it was put back in the post, or just shoved through your door by the alki ?
Don't know. I think it more than likely was the alkie or some other neighbour. With my neighbours, I'm surprised I got it at all. Usually the post reseals it in plastic with a note apologising for the damage, I believe.

How do I go about an appeal based on it being out of time or too late?
peterguk
QUOTE (Victim of Crime @ Mon, 14 Feb 2011 - 20:58) *
How do I go about an appeal based on it being out of time or too late?


Search the forum for the "RAC Letter". Customise it to suit your details.

If you go that way, the CPS will give evidence as to when it was posted. It is deemed served 2 business days following posting.

it will be for you to convince the Magistrates of late delivery.
jobo
its dependent on you being the rk and having been for a short while, certainly when the offence was committed

there something on here, called the rac letter trhat you include with your reply, which il lonk for you

there are two eliments to this defence

the first is the most difficult, the letter is assummed served to buesness days after postage unless you can give credable evidence that it wasnt, by credable, it means that the court believe you,, a note on the envelope from the post office saying it had been redirected would have helped no end

and then that the court accepts that service after 14 invalidates it, this is easy coz one of out members took this to the hight and we have case law that it does

in the short term writing to them ( rac letter) telling them so it all you can do, i wouldnt expect them to back down and they should proberbly send you a cofp, 60 quider

if you want to try your luck in court you will need to turn it down and take your chances,,, if you could find who had it delivered and get a statment of them it could help




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

VVVVVVVVV
Registered Keeper
++++
The Rookie
Noting that whatever you do, you must confirm in writing and signed that you were driving and with the relevant details requested, either on the form or below Jobo's text and above the signature in your 'RAC letter'.

Simon
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