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FightBack Forums > Queries > Speeding and other Criminal Offences
Sean1906
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - February 2013
Date of the NIP: - 4 days after the offence
Date you received the NIP: - 6 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A426 aylestone road, Leicester
Was the NIP addressed to you? - No
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? - Partner
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 - Basically we received the NIP not long after the offence, the registered keeper (my partner) filled it out and handed it to me to send, which I did, however, it did not reach Leicestershire police. We are pretty certain that we did not receive any further letters from them up until this week, 01/07/2013, and it was a court summons stating that we had to attend court for failing to reply to the NIP and for the speeding ticket! We are pretty unsure of what to do next, and could really use some advice!!

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? - 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? - No
Do you know who was driving? - Yes

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • Complete the Section 172 statement naming the person you believe was driving.
    You aren't incriminating them - they'll receive a NIP to complete themselves in due course.

    (You might also like to let that person know that they can expect to receive one, and give them the link to this Wizard for when it arrives!)

Generated by the PePiPoo NIP Wizard v3.3.2: Tue, 02 Jul 2013 22:30:56 +0000
AFCNEAL
Was your reply unequivocal? I.e there was no suggesting of doubt?
Did you get proof of posting or was someone with you when it went in the post?
Presumably you have a copy of what was sent?

Posting is a rebuttable presumption of service so in theory someone needs to disprove or cast doubt that you sent it.........but the reality is you need something to show that you did (otherwise everyone would pretend!) otherwise you're facing £500+ and 6 points.......

The oft stated alternative is to go to court and offer to plead G to the speeding if the CPS drops the FtF charge.
Kickaha
QUOTE (AFCNEAL @ Wed, 3 Jul 2013 - 07:27) *
Was your reply unequivocal? I.e there was no suggesting of doubt?
Did you get proof of posting or was someone with you when it went in the post?
Presumably you have a copy of what was sent?

Posting is a rebuttable presumption of service so in theory someone needs to disprove or cast doubt that you sent it.........but the reality is you need something to show that you did (otherwise everyone would pretend!) otherwise you're facing £500+ and 6 points.......

The oft stated alternative is to go to court and offer to plead G to the speeding if the CPS drops the FtF charge.

Problem here is that the reg keeper will be the one on the summons, so the driver has not been charged with speeding. This would probably scupper any attempts at a deal
Jlc
Absolutely, the 'plea bargain' cannot be performed unless the RK was the driver. There is no evidence to prosecute the RK for the speeding so it's only the FtF that is of concern.

What was the alleged speed and limit?

A cynical bench may wonder why the RK didn't post the form after filling it in.
gilan02
QUOTE
Problem here is that the reg keeper will be the one on the summons, so the driver has not been charged with speeding. This would probably scupper any attempts at a deal


I don't think the OP's answers exclude the RK being the driver.
Jlc
QUOTE (gilan02 @ Wed, 3 Jul 2013 - 09:03) *
QUOTE
Problem here is that the reg keeper will be the one on the summons, so the driver has not been charged with speeding. This would probably scupper any attempts at a deal


I don't think the OP's answers exclude the RK being the driver.

That's a good point - we've all made an assumption... wink.gif It's difficult when the original post uses 'we' as individuals are charged. OP please clarify as there might be an 'easier' option.
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