NIP, what's it all about
Author
Discussion

neil40

Original Poster:

2 posts

273 months

Thursday 17th April 2003
quotequote all
Just had my first NIP for doing 66 in a 50 zone on a motorway roadworks (J24 M4 westbound)

So, what does it mean, am I going to court, or will I get points/penalty?

I've been reading up on the loopholes that seem to exist, but feeling 'honest' I'm no sure I could bring mself to use them.

plotloss

67,280 posts

291 months

Thursday 17th April 2003
quotequote all
Notice of Intended Prosecution.

Basically its telling you that you are being processed for breaking the speed limit.

You have two choices I think. Own up, take the rap, pay the fine and get the points or go to court.

There is a loophole with regards to not signing the NIP, if you do a search on this forum there are many posts about it.

Matt.

neil40

Original Poster:

2 posts

273 months

Thursday 17th April 2003
quotequote all
Got you, BUT the form doesn't seem to have an option to cough up.

The form to 'own up' has a bit that reads
'In certain circumstances it may be decided not to prosecute but to offer the offender an alternative of a fixed penalty. You will be informed of the decision in your case'

Sooo, I'm slightly sh**ing myself that I will have to go to court.
Like I said, I feel reluctant not to sign it just in case of later ramifications

Everyone else I've spoke to have said that the form should give me the option to accept a fine etc.

Have things changed, or maybe Welsh form are different?

kevinday

13,598 posts

301 months

Thursday 17th April 2003
quotequote all
I think the NIP is asking you to say who the driver was. Fill it in correctly and do not sign it, send it back and await developments. Whilst waiting read up on several other threads:

www.pistonheads.com/gassing/topic.asp?t=35841&f=10&h=0

www.pistonheads.com/gassing/topic.asp?t=35476&f=10&h=0

www.pistonheads.com/gassing/topic.asp?t=34054&f=10&h=0

www.pistonheads.com/gassing/topic.asp?t=33739&f=10&h=0

There are more but these will start you off.

Don't worry, it is not the end of the world, you are unlikely to go to court for 66 in a 50

boosted ls1

21,200 posts

281 months

Thursday 17th April 2003
quotequote all
I take it that your NIP came in the post and wasn't handed to you by an officer of the law. If it came in the post then reading the links should really help. If you 'signed on the day' then your probably stuck.

pdV6

16,442 posts

282 months

Tuesday 22nd April 2003
quotequote all
There does seem to be (at least) 2 types of NIP in use by different forces.

The 'normal' type gets you to tell them who was driving etc, which you send back and then you get another form to fill in to cough up your license and fine. Seems like this is the one you've received.

The other type is a "tell us who was driving and if it was you, give us your license and the payment".

This 2nd type is a bit nastier than the 1st, as it seems to neatly close the signature loophole if its addressed to the correct person in the first place?

jumbojumbo

49 posts

274 months

Tuesday 22nd April 2003
quotequote all

pdV6 said: There does seem to be (at least) 2 types of NIP in use by different forces.

The 'normal' type gets you to tell them who was driving etc, which you send back and then you get another form to fill in to cough up your license and fine. Seems like this is the one you've received.

The other type is a "tell us who was driving and if it was you, give us your license and the payment".

This 2nd type is a bit nastier than the 1st, as it seems to neatly close the signature loophole if its addressed to the correct person in the first place?


Still don't have to sign it though do you?

**999**

286 posts

279 months

Tuesday 22nd April 2003
quotequote all
An NIP itself is not a request for driver details. It is merely an obligatory notice outlining that you have been reported for an offence which is under consideration for prosecution.
The form or part of the form requiring you to submit your driver details is effectively a separate document. Often referred to as form T51 - Requirement To Provide Driver's Details

As in your case the document suggests you will notified of the decision to prosecute or not, and it doesn't appear that you have the option to identify the driver at this stage, you will have to sweat it out for a while.

>> Edited by **999** on Tuesday 22 April 12:11

**999**

286 posts

279 months

Tuesday 22nd April 2003
quotequote all

pdV6 said: There does seem to be (at least) 2 types of NIP in use by different forces.

The 'normal' type gets you to tell them who was driving etc, which you send back and then you get another form to fill in to cough up your license and fine. Seems like this is the one you've received.

The other type is a "tell us who was driving and if it was you, give us your license and the payment".

This 2nd type is a bit nastier than the 1st, as it seems to neatly close the signature loophole if its addressed to the correct person in the first place?


pdV6 - there is only one type of NIP, it's the forms accompanying this or the format in which the forms are linked that may be subject to local interpretation by different forces. An NIP itself is as described in my above post - merely a document the police have to serve to satisfy certain requirements.

pdV6

16,442 posts

282 months

Tuesday 22nd April 2003
quotequote all

jumbojumbo said:

pdV6 said: There does seem to be (at least) 2 types of NIP in use by different forces.

The 'normal' type gets you to tell them who was driving etc, which you send back and then you get another form to fill in to cough up your license and fine. Seems like this is the one you've received.

The other type is a "tell us who was driving and if it was you, give us your license and the payment".

This 2nd type is a bit nastier than the 1st, as it seems to neatly close the signature loophole if its addressed to the correct person in the first place?


Still don't have to sign it though do you?



Nope. (and I didn't!) but there's no option to send it back without enclosing your license and fine payment unless you're identifying somebody else.

So, you don't sign it but have to send the stuff anyway, so you get your points and the magistrates cash the cheque! The 'loophole' doesn't amount to much then!

pdV6

16,442 posts

282 months

Tuesday 22nd April 2003
quotequote all

**999** said:pdV6 - there is only one type of NIP, it's the forms accompanying this or the format in which the forms are linked that may be subject to local interpretation by different forces. An NIP itself is as described in my above post - merely a document the police have to serve to satisfy certain requirements.

Fair enough!

m-five

11,990 posts

305 months

Tuesday 22nd April 2003
quotequote all

pdV6 said:So, you don't sign it but have to send the stuff anyway, so you get your points and the magistrates cash the cheque! The 'loophole' doesn't amount to much then!


But when your documents get to the clerk they cannot endorse them because there is no admission of guilt or evidence as you have not signed it!

kevinday

13,598 posts

301 months

Wednesday 23rd April 2003
quotequote all

pdV6 said: Nope. (and I didn't!) but there's no option to send it back without enclosing your license and fine payment unless you're identifying somebody else.




'Forget' to enclose them?

pdV6

16,442 posts

282 months

Wednesday 23rd April 2003
quotequote all

m-five said:

pdV6 said:So, you don't sign it but have to send the stuff anyway, so you get your points and the magistrates cash the cheque! The 'loophole' doesn't amount to much then!


But when your documents get to the clerk they cannot endorse them because there is no admission of guilt or evidence as you have not signed it!

Still did, though!

Richard C

1,685 posts

278 months

Thursday 24th April 2003
quotequote all
you've got to plead NOT GUILTY

Bream

7 posts

273 months

Monday 28th April 2003
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Hi guyz, this is my first post so please be gentle.

I've been reading all the NIP related posts with interest as I recently receieved one myself on the 11th March. Now as it was through the normal post and not registered I've ignored it so far and the reminder, my stance being 'what notice, I haven't receieved anything!'

Do you think is a good idea? Will they'll persist until they hear something or get bored and lose interest as I've not replied? Have you any idea of the timeframe before the notice become invalid due to no response? And, IF I reply to a registered letter should I request photographic evidence first etc?

Thanks for any advice.

Jeff

pdV6

16,442 posts

282 months

Monday 28th April 2003
quotequote all
First piece of advice: Don't post your name and location on a public forum and then tell "everybody" how you've just told a porkie to the local law enforcement!

Mind you, I agree that its bl00dy scandalous that registered post or at least recorded delivery isn't used for something that could get you in trouble if you don't recieve it. How many of us have had something go missing in the post? Wouldn't be suprised if even those people who say they haven't just never found out about it...

kevinday

13,598 posts

301 months

Tuesday 29th April 2003
quotequote all
Not a good idea, it has been accepted that for NIP purposes posting first class is proof of delivery. If you fail to supply the required information you will likely end up being prosecuted for failure to supply the information which AFAIK carries the same penalty as the speeding 'crime' ie. 3 points and a fine. Complete the information on the NIP and return it (preferably without signature) to avoid that possibility.