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mayu
NIP Details and Circumstances
What is the name of the Constabulary? - Essex Police SRB
Date of the offence: - 03/10/2013
Date of the NIP: - 09/10/2013
Date you received the NIP: - unsure
Location of offence (exact location as it appears on the NIP: important): - B1393 High Rd, Thornwood Common, near junction with Weald Hall Lane
Was the NIP addressed to you? - yes
Was the NIP sent by first class post, second class or recorded delivery? - first or second class
If your are not the Registered Keeper, what is your relationship to the vehicle? - N/A
How many current points do you have? - 3
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 - Flashed by Gatso camera going about 50mph in short 40mph zone. New driver at time of offense. Nov 2013 was 2 years from obtaining license. Moved house mid-September and updated registered keeper details end of September. Never received first NIP, second NIP postmarked 11/11/2013 with copy of first NIP dated 09/10/2013 picked up from old address. Another NIP received at new address in January.

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? - 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: Sun, 19 Jan 2014 22:41:39 +0000
peterguk
So just to clarify:

You have 3 points, plus two pending NIPs?

Alleged speeds and limits of the pending NIPs?

And as at date of first pending NIP, you had held your licence for less than 2 years?
Logician
How long did the NIP received in January give you to reply, 28 days or some shorter time? Failing to reply could earn you 6 points and a large fine, so do not risk over-running the time limit. Do you have any questions about this?

I assume all the NIPs related to the same offence and the last two were reminders, one being sent to your new address. 50 in a 40 limit would be eligible for a course, provided you have not previously done one, but you need to get the paperwork off ASAP.

mayu
QUOTE (peterguk @ Sun, 19 Jan 2014 - 23:20) *
So just to clarify:

You have 3 points, plus two pending NIPs?
I have 3 points with 1 pending NIP sent multiple times.
Alleged speeds and limits of the pending NIPs?
Sorry I added this info to my post later: 51 in a 40
And as at date of first pending NIP, you had held your licence for less than 2 years?
Yes, at date of offense/date of original NIP I had had my license less than 2 years.

peterguk
Well as advised, i'd be naming yourself and getting the form back ASAP.

You need to hope that despite the delays you get offered a SAC, as a COFP will result in your licence being revoked.
mayu
QUOTE (Logician @ Sun, 19 Jan 2014 - 23:22) *
How long did the NIP received in January give you to reply, 28 days or some shorter time?
28 days, so I've got about a week left. I presume this means 28 days for them to receive it rather than just being postmarked?

Failing to reply could earn you 6 points and a large fine, so do not risk over-running the time limit. Do you have any questions about this?
Fill it out, sign it, post via special delivery? Is there anything else I need to do?

I assume all the NIPs related to the same offence and the last two were reminders, one being sent to your new address.
Correct

50 in a 40 limit would be eligible for a course, provided you have not previously done one, but you need to get the paperwork off ASAP.
Yes, as Peter mentioned below, I'm definitely hoping for a course on this one!

mayu
Just to confirm, the 14 day argument is invalid due to the recent change of address?

Thanks for all the help!
Jlc
QUOTE (mayu @ Mon, 20 Jan 2014 - 10:09) *
Just to confirm, the 14 day argument is invalid due to the recent change of address?

Thanks for all the help!

The 14 days only applies to the 1st NIP and going to a previous address doesn't invalidate it.
BaggieBoy
QUOTE (mayu @ Mon, 20 Jan 2014 - 10:09) *
Just to confirm, the 14 day argument is invalid due to the recent change of address?

Check the "DocRef" date on the V5C, it post dates the offence then almost certainly initial NIP would have been served to the old address and the requirement has been met.
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