N.I.P lost in post?

[e39darren]

Hi all, I got flashed by a scamera van back in October ( driving a company vehicle) doing 59 in a 50 zone. I had the option to do the speed awareness course as it was my first offence so I filled the forms in and sent them off.
Fast forward to last week and I had a phone call off the company I worked for at the time asking for my details to sort the fine out.
I rung West mercia speed camera partnership and they confirmed it was for the ticket issued in October and they said they hadn't received my response to which I informed them that I sent it back to them within a week and that I applied for the speed awareness course, they then told me that because 180 days had passed since the offence I could no longer take the course and would either have to go to court or accept the points and a fine.
Does anyone know where I stand on this as I'm pretty sure that if I never received the original N.I.P due to it being lost in the post that it would have also been my problem?

[redddraggon]

Normally the stock PH reply to this is that the OP is lying as pretty much nothing gets lost in the post these days.

But it does happen - it happened to my Dad 3 years ago, he claimed responsibility and sent the forms back - never heard anything for 5 months. Foolishly he was thinking they'd decided to not bother pursuing it further. He was ill at the time (still is) and chasing things like that didn't seem like a priority. Fast forward the 5 months, he got what he felt were threatening letters from GMP for failing to identify the driver etc. Anyway he "solicitored up" and just ended up with the original offence but (I believe) a bigger fine.

Taught me a lesson anyway - always send at least recorded delivery.

[vxr8mate]

Funny isn't it how the recipient is expected to use registered post to return said NIP, but the sender isn't.

[SS2.]

e39darren said:

Hi all, I got flashed by a scamera van back in October ( driving a company vehicle) doing 59 in a 50 zone. I had the option to do the speed awareness course as it was my first offence so I filled the forms in and sent them off.
Fast forward to last week and I had a phone call off the company I worked for at the time asking for my details to sort the fine out.
I rung West mercia speed camera partnership and they confirmed it was for the ticket issued in October and they said they hadn't received my response to which I informed them that I sent it back to them within a week and that I applied for the speed awareness course, they then told me that because 180 days had passed since the offence I could no longer take the course and would either have to go to court or accept the points and a fine.

So...

Your ex-employer receives a Notice of Intended Prosecution regarding one of its vehicles;
Ex-employer returns associated s.172 form to SCP nominating you as the driver at that time and place;
You receive a s.172 form, addressed to you and asking you to confirm who was driving at said time and place;
You complete the s.172 form, send it off and hear nothing more (until now);

Is that what happened ?

e39darren said:

Does anyone know where I stand on this as I'm pretty sure that if I never received the original N.I.P due to it being lost in the post that it would have also been my problem?

As Registered Keeper, your ex-employer (or lease company) would have received the original notice, not you.

[agtlaw]

Sounds like the ex-employer gave the form to OP to deal with.

You should always use Royal Mail Signed For®

At the very least, get a Certificate of Posting.

[SS2.]

agtlaw said:

Sounds like the ex-employer gave the form to OP to deal with.

It does - the SCP is unlikely to go back to the ex-employer if the OP had already been nominated.

Be good to hear exactly what has (or hasn't) been received / sent by the OP, though.

Send three and four pence...

[e39darren]

The company gave me the form to deal with so I filled in the green part for the speed awareness course and sent it off by standard first class post, next I've heard is recently the company had a letter off the police demanding to know who the driver was.
The company then filled the form in ( after I rung the police for advice and to ask why I couldn't take the course) and I have now received the N.I. P in my name and address but still without the green part.

[SS2.]

The s.172 form will need to be returned to the SCP within 28 days from the date of its service.

If you were to delay your response until say Day 27, how long will have lapsed between that date and the date of the alleged offence ?

[davepoth]

SS2. said:

The s.172 form will need to be returned to the SCP within 28 days from the date of its service.

If you were to delay your response until say Day 27, how long will have lapsed between that date and the date of the alleged offence ?

Very important question this. The police have only got 6 months in which to "lay information" to start court proceedings. If you have a NIP and 28 days in which to respond, they'll likely write back with a Conditional Offer of a Fixed Penalty, which will also have a time period in which you can respond. If you got flashed early in October you'll be very close to if not over six months after all of that has elapsed if you time it right.

[agtlaw]

davepoth said:

Very important question this. The police have only 6 months in which to "lay information" to start court proceedings.

It's 2016. Google Postal Requisition and Written Charge

[Helicopter123]

It's amazing isn't it, Post Office lose about 1 item in a 15,000 but when it comes to NIPs and PCNs it seems to be about 1in 2...

[davepoth]

agtlaw said:

davepoth said:

Very important question this. The police have only 6 months in which to "lay information" to start court proceedings.

It's 2016. Google Postal Requisition and Written Charge

The process can't start until the COFP has expired though, surely?

[Drumroll]

The OP hasn't heard anything about doing a course, but doesn't think to chase it up? Is that the gist of it?

[Sump]

Drumroll said:

The OP hasn't heard anything about doing a course, but doesn't think to chase it up? Is that the gist of it?

Yup. I'm amazed people are so useless at life.

[SS2.]

Drumroll said:

The OP hasn't heard anything about doing a course, but doesn't think to chase it up? Is that the gist of it?

Which may well turn out to be the very best thing he could have done.