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Full Version: [NIP Wizard] Does this break the 14 day rule - lease car?
FightBack Forums > Queries > Speeding and other Criminal Offences
jih
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - May 2013
Date of the NIP: - 34 days after the offence
Date you received the NIP: - 36 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Kirkstall road, Leeds, between Redcote lane & Gilbert Mount opposite Burley Wood Mount towards Horsforth, United Kingdom
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? - I lease the vehicle
How many current points do you have? - 6
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 received the NIP as detailed above, I contacted the RK they confirmed via email that they had not received a NIP. I had a previous NIP which was initially sent to the lease company as RK. On that occasion the lease company completed the Section 172 and I received a copy of the NIP addressed to me. On this occasion the lease company were not contacted and the NIP was sent to me directly but not within 14 days. Can I quote the 14 day rule and attach the email from the lease company as evidence that they did not receive a NIP?

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)? - No
Is the NIP addressed to you personally? - Yes
Although you are not the Registered Keeper, were you 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: Wed, 03 Jul 2013 18:21:43 +0000
Jlc
How did they know your details?

What's the alleged speed and limit?

The s172 request is live regardless and must be responded to.
peterguk
So, RK is lease company?

If so, who do you think gave your info as the possible driver?
jih
I'm confused as to how they have my details. I had a NIP a few months ago & at that time the lease company as RK provided my details - would WY police have kept that info on file at all?

Thank you for your replies. Sorry I forgot to add, the alleged speed was 36 in a 30 zone. I have replied to the section 172 though I was close to the deadline & they have sent a final reminder. Should I complete the reminder section 172 just to be on the safe side?

Jlc
It's possible your nomination crossed in the post. Reply to the reminder if you're not sure.

That speed will see a SAC offer if you haven't done one already.

It's most likely the first NIP did go to the lease company.
Logician
QUOTE (jih @ Thu, 4 Jul 2013 - 21:31) *
I'm confused as to how they have my details. I had a NIP a few months ago & at that time the lease company as RK provided my details - would WY police have kept that info on file at all?

Thank you for your replies. Sorry I forgot to add, the alleged speed was 36 in a 30 zone. I have replied to the section 172 though I was close to the deadline & they have sent a final reminder. Should I complete the reminder section 172 just to be on the safe side?


Highly unlikely that police kept your details, much more likely that the lease company did receive the first NIP and replied but did not record the fact. Complete the reminder to be on the safe side, as you say, keeping a copy and a postal receipt.
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