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suegerrard
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - March 2012
Date of the NIP: - 33 days after the offence
Date you received the NIP: - 35 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M606 SOUTH BOUND NEAR SLIP, MARKER POST 1.0, BRADFORD
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? - 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 was recorded as exceeding 50mph on the M606 South bound on 14th March 2012. The speed was recorded as 66mph presumably by a speed camera. The NIP states that the allegation is supported by photographic evidence.
I was unaware of the speed restriction of 50mph at the time of the offence.
I first bcame aware of the offence when I received the NIP on 18th April. It is my first offence in 35 years of driving.
On the NIP they have both my surname and post code incorrect if that makes any difference.
Also I bought the car on 6th March so this change of ownership of the vehicle could explain the delay in receiving the NIP- ie outside the 14 day period. If so is there any other defence I can use?


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: Fri, 20 Apr 2012 12:43:38 +0000
henrik777
How does the date of your registration document compare with the date of the offence ?
Aretnap
QUOTE (suegerrard @ Fri, 20 Apr 2012 - 13:43) *
Also I bought the car on 6th March so this change of ownership of the vehicle could explain the delay in receiving the NIP?

Very likely. Check the DocRef date on page 2 of your vehicle registration document - this is the date on which the DVLA updated their records and recorded you as the registered keeper. If it's after the offence, the original NIP will have gone to the previous keeper, who will have replied naming you as the new owner - which would also explain the error in your name and address. If you don't have the new registration document yet then it is safe to assume that your records hadn't been updated at the time of the offence. If they weren't, you don't have a late NIP defence I'm afraid.
suegerrard
Thanks for both replies. Date on registration document is 6th March so almost certainly explains the delay.
Guess I'm going to have to face the consequences...
Mayhem007
QUOTE (suegerrard @ Fri, 20 Apr 2012 - 14:19) *
Thanks for both replies. Date on registration document is 6th March so almost certainly explains the delay.
Guess I'm going to have to face the consequences...


Am I missing something date on registration in your name was 6th March, 9 days before the offence, is this correct.
BaggieBoy
I suspect that the date of change of owner might be the 6th March, but is highly unlikely that the change was processed on the same day. So get the V5C document and see what the actual DocRef date is on page 2, I'm guessing it is sometime later than the 14th March.
redloner
Doc ref number and date are at the very bottom of page 2 of the V5C and are also shown in section 9 at the top of page 3.

Ignore the "acquired vehicle" date in section 5 on page 2.
suegerrard
Yes I can see the Doc Ref number and date at the bottom of page 2. The date is 3/4/2012 so well after the offence. The NIP is dated 16/4 so just under 14 days. Not much else I can fight on so I am going to return the form with a supporting letter- first offence in 35 years of driving, made a mistake etc etc
Thanks for your input.
BaggieBoy
Don't waste your time with a letter, it won't make any difference.
Transit man
QUOTE (BaggieBoy @ Mon, 23 Apr 2012 - 09:37) *
Don't waste your time with a letter, it won't make any difference.

+1, they hear it all the time & it will not make one iota difference to the outcome.
suegerrard
So I guess I wait and face the consequences then.....Think it's bothering me so much because I pretty much always follow speed guidelines but in this instance I just made a mistake. And also that West Yorkshipe Police "customer access line" is useless so no help there.

Aretnap
QUOTE (Transit man @ Mon, 23 Apr 2012 - 09:41) *
QUOTE (BaggieBoy @ Mon, 23 Apr 2012 - 09:37) *
Don't waste your time with a letter, it won't make any difference.

+1, they hear it all the time & it will not make one iota difference to the outcome.

+2, in fact there is a risk that they may interpret it as an attempt at mitigation and refer you to court without offering a fixed penalty. Unless you have some unusually strong mitigation (ie a lot more than I've had a clean licence for 35 years/didn't see the signs/was in a hurry for an important meeting etc) this can work out badly for you, as the penalty in court would be more than 3 points and £60.
Gan
QUOTE (Aretnap @ Mon, 23 Apr 2012 - 09:54) *
QUOTE (Transit man @ Mon, 23 Apr 2012 - 09:41) *
QUOTE (BaggieBoy @ Mon, 23 Apr 2012 - 09:37) *
Don't waste your time with a letter, it won't make any difference.

+1, they hear it all the time & it will not make one iota difference to the outcome.

+2, in fact there is a risk that they may interpret it as an attempt at mitigation and refer you to court without offering a fixed penalty. Unless you have some unusually strong mitigation (ie a lot more than I've had a clean licence for 35 years/didn't see the signs/was in a hurry for an important meeting etc) this can work out badly for you, as the penalty in court would be more than 3 points and £60.



+3 to that

Providing anything more than the legally required information is asking for trouble.

There have been a couple of threads where they've taken the letter to mean that a course or fixed penalty offer wouldn't be accepted and gone straight to summons
Logician
QUOTE (Gan @ Mon, 23 Apr 2012 - 10:06) *
QUOTE (Aretnap @ Mon, 23 Apr 2012 - 09:54) *
QUOTE (Transit man @ Mon, 23 Apr 2012 - 09:41) *
QUOTE (BaggieBoy @ Mon, 23 Apr 2012 - 09:37) *
Don't waste your time with a letter, it won't make any difference.

+1, they hear it all the time & it will not make one iota difference to the outcome.

+2, in fact there is a risk that they may interpret it as an attempt at mitigation and refer you to court without offering a fixed penalty. Unless you have some unusually strong mitigation (ie a lot more than I've had a clean licence for 35 years/didn't see the signs/was in a hurry for an important meeting etc) this can work out badly for you, as the penalty in court would be more than 3 points and £60.



+3 to that

Providing anything more than the legally required information is asking for trouble.

There have been a couple of threads where they've taken the letter to mean that a course or fixed penalty offer wouldn't be accepted and gone straight to summons



+4 !
The Rookie
QUOTE (suegerrard @ Mon, 23 Apr 2012 - 09:51) *
So I guess I wait and face the consequences then.....

For 66 in a 50 the consequences will be a fixed penalty of 3pts and a £60 fine, insurance is unlikely to be affected by the first 3 points.
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