Help - Search - Members - Calendar
Full Version: [NIP Wizard] Late NIP
FightBack Forums > Queries > Speeding and other Criminal Offences
Cardiffbloke
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - February 2012
Date of the NIP: - 72 days after the offence
Date you received the NIP: - 73 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Cowbridge Road west, Ely, Cardiff
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 was aware that i might have been 'flashed' and waited for the NIP. At the time i had just moved house and i had let the DVLA know of my change of address in Sep 2011. It was only after the 'offence' that i realised i had to send in my registration document to the DVLA too for change of address (i had assumed that telling them once would suffice). I also told the new householder at my old address of the possibility of receiving a NIP. I received no notification from him that one had arrived and it was not included in any forwarded mail. I assumed the camera had missed me, until today!

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? - Wales

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: Tue, 01 May 2012 22:53:10 +0000
Gan
What's the Docref date on your V5 ?

More than likely the DVLA gave the police your old address and they've found you via your driving licence or insurance.

If so, you don't have a late NIP defence

You haven't mentioned the limit and your speed but if you want the chance of a course you'll have to reply quickly

Cardiffbloke
The date on the V5 is 27 02 12 and i was doing 38 in a 30 zone...
Pete D
So that explains why the first NIP would have been sent to your old address but can you prove it did not arrive. You still have to reply to the NIP you have and you may be offered a speed awareness course but the offer may be time expired. Pete D
CuriousOrange
 If you go down the late NIP road then the new householder will have to attend court to give evidence on your behalf. I mean, they could enter a sworn statement saying that the NIP never arrived (if that's the case - all you seem to know is that he hasn't told you that one did) but the prosecution would be bound to want to challenge it otherwise they're accepting the NIP never arrived and they've no case. 
Gan
You'd also be playing for all-or-nothing
Cardiffbloke
Thanks for that guys... I'll give them a ring... I dont mind 3 points, im guilty after all... It was just the lateness of the thing and if i have no defence because of the change of address then cest la vie!
martinbiz
I would do no harm for you to humbly ask if they would consider an SAC as an option, bearing in mind the speed is well inside the criteria and the delayed NIP although your fault is only 2 months and honest mistake. They tend to get more hacked off with NIPs that get passed from person to person where they may suspect an attempt at a timeout.

If you don't ask, you don't get
Cardiffbloke
Thanks Martin.... I gave them a ring and thats exactly what the nice chap recommended i do; so i have done... Will keep you all informed... lol
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.