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Full Version: A possible late NIP, but not speeding.
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lnf
For a start sorry that this isn't a speeding offence, but this seemed as close as anywhere I was likely to find.

The offense was driving down the hard shoulder.

1. England
2. Hertfordshire
3. Offense - June 19th
4. Nip Date -June 30th
5. Received - July 6th
6. Was the NIP addressed to you? Yep
7. Was the NIP sent by first class post, second class or recorded delivery? I'm not sure, its franked but I can't work out what class.
8. Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? If not then what is your relationship with the vehicle? Yes
9. Do you hold a UK or foreign driving license. UK
10. How many current points do you have? 0
11. The A1m was jammed past the junction I wanted to turn off at, and I followed the stream of cars the 300 yards (ie at the turn off markers) down the hard shoulder to the slip road)

The bit that stands out to me is that the Envelope is postmarked the fourth of July, which is just outside the 14 day window, but the nip is dated within it. Is there any reason why they should have posted it four days after they wrote it etc...?

I'm sorry again if you don't deal with none speeding offences, and if I'm barking completely up the wrong tree.
Mr Nervous
What is the exact wording of the offence?

Have they indicated what evidence they have against you?
lnf
The offence is worded

1 )Drive on the hardshoulder of the motorway agasint regulation 9......


There is no mention of evidence, and the time just says 14:00 hours nothing more precise then that (correct juntion of the motorway tho')
andy_foster
QUOTE (Mr Nervous)
What is the exact wording of the offence?
jeffreyarcher
QUOTE (Inf)
3. Offense - June 19th
<...>
the Envelope is postmarked the fourth of July, which is just outside the 14 day window, but the nip is dated within it.

Retain the envelope!
Also, show it to other members of your household ASAP.
If this offence is one that requires a NIP, the fact that it was not received until day 17, and postmarked day 15 should be a defence.
However, since you can't be ar*ed telling us what has already been asked, we can't ascertain if a NIP is required in the first place.
lnf
The thing itself doesn't say anything more than my name, my cars details, time and place of the event and the description of offense which is as up there.

It literally just is
The driver of a motor vehicle namely, --- , reg no. --- is alleged to have committed the following offence(s) on Sunday at 14:00hrs. at A.!(M), Jct 3-4

1)Drive on Hardshoulder of Motorway. Contrary to Regulation 9 Motorways Traffic (England and Wales) Regulation 1982 Section 17.

Having been duly authorised by the Chief Constable of Hertfordshire by the virtue of the above legislation, I hereby require you to furnish within 28 days the name and address of the driver of the vehicle on the above occasion.

Failure to comply is an offence which can incur a penalty of disqualification from driving endorsement of driving license and a fine.

NB it is a legal Requirement that Section B of this form (below) is completed by the person, or representative of the organisation, to whom the form is addressed (at A above). The form must NOT be passed to any other person or organisation. A new form will be sent to the nominated driver if the addressee is not the driver.


Section B is just a standard details form. There is nothing on the back of the letter.

It has occurred to me that this might not actually be a NIP? The people I've spoken to today (someone who works for a council up north with the police and the CAB) have suggested that it is only speeding that gives you the 14 day cut off.

It looks somewhat like I'm screwed sad.gif.
chadders
At least someone 'independent' can actually confirm this now for you:

QUOTE (Originally)
1 )Drive on the hardshoulder of the motorway agasint regulation 9......


QUOTE (Now)
1)Drive on Hardshoulder of Motorway. Contrary to Regulation 9 Motorways Traffic (England and Wales) Regulation 1982 Section 17.


When dealing with the law, every detail is important! As for not being a Notice of Intended Prosection, some will confirm, but I suspect it is: since it's a 'notice', and they 'intend to prosecute' (but then that's just my wibbly thinking).
jeffreyarcher
O.K., now that we have the information, it seems that you are screwed. A NIP appears not to be required.
It is not true that it is only speeding, there are lots of offences that need NIPs.
As far as I can see, the Motorways Traffic (England and Wales) Regulation 1982 fall under Section 17(2) & 17(3) of the RTRA 1984.
The England & Wales regs. are too old to be on the web, but the Scotish ones aren't.
The offences which require NIPs are listed in schedule 1 of the RTOA 1988 and it's amendment.
Section 17 of the RTRA 1984 isn't there. sad.gif
lnf
Ok, thanks for having a look for me anyway smile.gif


I always thought if I was going to get points it would be for speeding, being caught is in your mind everytime you do it, but this just seemed incousus and I didn't give it a second thought sad.gif.

Leep fighting the good fight smile.gif


Cheers, Phill
jeffreyarcher
Does it actually say "Notice of Intended Prosecution" on it?
If it does, you could always fly a kite and send them the RAC letter, adjusted to include that the envelope is franked on day 15.
Include a photocopy (blown up if required) showing the frank as day 15.
The fact that they appear to have back-dated the NIP (if it is one) to get inside the 14 day window may indicate that they don't realise that they don't need to send a valid NIP.
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