NIP Then receieva refund
Discussion
Back at the start of June 2019 a letter was received for a NIP for 57MPH in a 50MPH limit on the M6 roadworks at 3.03am on the 29th May
The letter arrived while I was working over in Germany for seven weeks at various events across the country.
My wife filled out the form the same day, I made the payment online from Germany but also had my license with me as I was driving my work van.
Part of the NIP was submission of my license within 28 days which was not possible as I had it with me, my wife wrote a covering letter explaining the situation and a photograph of my license and filled out the license number section on the NIP along with all the details, this was all sent off and the fine paid the same day the NIP arrived.
A few weeks later we receive a letter back stating that payment was received but because my license wasn't submitted the case would be refereed to a local court for processing and to await further information, since them I have heard nothing at all, then December the 7th I receive a full refund for the NIP fine back on my bank card that I paid with.
Since then I have heard nothing at all, Ive checked my license online and have no endorsements.
Its coming up to a year since the date of the offence.
Has anyone else had this experience?
Thanks
The letter arrived while I was working over in Germany for seven weeks at various events across the country.
My wife filled out the form the same day, I made the payment online from Germany but also had my license with me as I was driving my work van.
Part of the NIP was submission of my license within 28 days which was not possible as I had it with me, my wife wrote a covering letter explaining the situation and a photograph of my license and filled out the license number section on the NIP along with all the details, this was all sent off and the fine paid the same day the NIP arrived.
A few weeks later we receive a letter back stating that payment was received but because my license wasn't submitted the case would be refereed to a local court for processing and to await further information, since them I have heard nothing at all, then December the 7th I receive a full refund for the NIP fine back on my bank card that I paid with.
Since then I have heard nothing at all, Ive checked my license online and have no endorsements.
Its coming up to a year since the date of the offence.
Has anyone else had this experience?
Thanks
It sounds like your case has been missed somewhere along the lines to issue a summons for court and by the time it has been realised the matter has gone statute barred being over 6 months since the date of offence and so they have refunded your original payment, although that said if they intended to summons you they probably shouldn't have taken payment in the first instance but that's likely an automated process.
shavermcspud said:
Back at the start of June 2019 a letter was received for a NIP for 57MPH in a 50MPH limit on the M6 roadworks at 3.03am on the 29th May
The letter arrived while I was working over in Germany for seven weeks at various events across the country.
My wife filled out the form the same day, I made the payment online from Germany but also had my license with me as I was driving my work van.
Part of the NIP was submission of my license within 28 days which was not possible as I had it with me, my wife wrote a covering letter explaining the situation and a photograph of my license and filled out the license number section on the NIP along with all the details, this was all sent off and the fine paid the same day the NIP arrived.
A few weeks later we receive a letter back stating that payment was received but because my license wasn't submitted the case would be refereed to a local court for processing and to await further information, since them I have heard nothing at all, then December the 7th I receive a full refund for the NIP fine back on my bank card that I paid with.
Since then I have heard nothing at all, Ive checked my license online and have no endorsements.
Its coming up to a year since the date of the offence.
Has anyone else had this experience?
Thanks
Quoted for preservation...The letter arrived while I was working over in Germany for seven weeks at various events across the country.
My wife filled out the form the same day, I made the payment online from Germany but also had my license with me as I was driving my work van.
Part of the NIP was submission of my license within 28 days which was not possible as I had it with me, my wife wrote a covering letter explaining the situation and a photograph of my license and filled out the license number section on the NIP along with all the details, this was all sent off and the fine paid the same day the NIP arrived.
A few weeks later we receive a letter back stating that payment was received but because my license wasn't submitted the case would be refereed to a local court for processing and to await further information, since them I have heard nothing at all, then December the 7th I receive a full refund for the NIP fine back on my bank card that I paid with.
Since then I have heard nothing at all, Ive checked my license online and have no endorsements.
Its coming up to a year since the date of the offence.
Has anyone else had this experience?
Thanks
IANAL but there is so much wrong with that I don't know where to start!
It's a Notice of INTENDED Prosecution. You can't pay a fine, you haven't been prosecuted yet. They don't need your licence - until this form is returned they don't know who the driver is. Even if there was a fine (which there wasn't) then until you've been prosecuted how would you know how much to pay?
None of this makes sense...
Oceanrower said:
Quoted for preservation...
IANAL but there is so much wrong with that I don't know where to start!
It's a Notice of INTENDED Prosecution. You can't pay a fine, you haven't been prosecuted yet. They don't need your licence - until this form is returned they don't know who the driver is. Even if there was a fine (which there wasn't) then until you've been prosecuted how would you know how much to pay?
None of this makes sense...
They do know who it was for as the car I was driving was our company lease car and the lease company had be given my details by our office.IANAL but there is so much wrong with that I don't know where to start!
It's a Notice of INTENDED Prosecution. You can't pay a fine, you haven't been prosecuted yet. They don't need your licence - until this form is returned they don't know who the driver is. Even if there was a fine (which there wasn't) then until you've been prosecuted how would you know how much to pay?
None of this makes sense...
Maybe I worded it wrong and it should have been a FPN
Edited by shavermcspud on Friday 1st May 09:26
shavermcspud said:
Back at the start of June 2019 a letter was received for a NIP for 57MPH in a 50MPH limit on the M6 roadworks at 3.03am on the 29th May
The letter arrived while I was working over in Germany for seven weeks at various events across the country.
My wife filled out the form the same day, I made the payment online from Germany but also had my license with me as I was driving my work van.
Part of the NIP was submission of my license within 28 days which was not possible as I had it with me, my wife wrote a covering letter explaining the situation and a photograph of my license and filled out the license number section on the NIP along with all the details, this was all sent off and the fine paid the same day the NIP arrived.
A few weeks later we receive a letter back stating that payment was received but because my license wasn't submitted the case would be refereed to a local court for processing and to await further information, since them I have heard nothing at all, then December the 7th I receive a full refund for the NIP fine back on my bank card that I paid with.
Since then I have heard nothing at all, Ive checked my license online and have no endorsements.
Its coming up to a year since the date of the offence.
Has anyone else had this experience?
Thanks
If you don’t send your licence in as part of the COFP process then the £100 fixed penalty is refunded and court proceedings would normally be instituted within 6 months of the index offence.The letter arrived while I was working over in Germany for seven weeks at various events across the country.
My wife filled out the form the same day, I made the payment online from Germany but also had my license with me as I was driving my work van.
Part of the NIP was submission of my license within 28 days which was not possible as I had it with me, my wife wrote a covering letter explaining the situation and a photograph of my license and filled out the license number section on the NIP along with all the details, this was all sent off and the fine paid the same day the NIP arrived.
A few weeks later we receive a letter back stating that payment was received but because my license wasn't submitted the case would be refereed to a local court for processing and to await further information, since them I have heard nothing at all, then December the 7th I receive a full refund for the NIP fine back on my bank card that I paid with.
Since then I have heard nothing at all, Ive checked my license online and have no endorsements.
Its coming up to a year since the date of the offence.
Has anyone else had this experience?
Thanks
They missed the boat, so don’t worry about it.
As above - either you received a NIP, in which case all that was required is the filling in is the S172 request confirming who was driving at the time.
If you were being asked to pay a fine and send in your license, that means you've already been convicted - if you didn't know about the conviction, then you need to perform a statutory declaration so the whole thing is reset.
If you did know about the conviction, then returning the license is a part of the process - hence the reason for a refund and it'll probably end up on court - they have 6 months to sort this.
If you were being asked to pay a fine and send in your license, that means you've already been convicted - if you didn't know about the conviction, then you need to perform a statutory declaration so the whole thing is reset.
If you did know about the conviction, then returning the license is a part of the process - hence the reason for a refund and it'll probably end up on court - they have 6 months to sort this.
Stoofa said:
As above - either you received a NIP, in which case all that was required is the filling in is the S172 request confirming who was driving at the time.
If you were being asked to pay a fine and send in your license, that means you've already been convicted - if you didn't know about the conviction, then you need to perform a statutory declaration so the whole thing is reset.
If you did know about the conviction, then returning the license is a part of the process - hence the reason for a refund and it'll probably end up on court - they have 6 months to sort this.
Ignore this. Poster is trying to be helpful but doesn’t understand the COFP process, unfortunately. If you were being asked to pay a fine and send in your license, that means you've already been convicted - if you didn't know about the conviction, then you need to perform a statutory declaration so the whole thing is reset.
If you did know about the conviction, then returning the license is a part of the process - hence the reason for a refund and it'll probably end up on court - they have 6 months to sort this.
agtlaw said:
Ignore this. Poster is trying to be helpful but doesn’t understand the COFP process, unfortunately.
I probably should have made it more clearly laid out, I was aware of the incoming fine as the leasing company for our work vehicle had already sent the documentation through asking for the driver on that day which was me, this was declared to the leasing company.I'm not trying to wriggle out of the point/fine just wanted clarification if anyone else had been in this situation before.
It could be the case that, by making such a dog's dinner of the standard s.172 process, the OP threw a spanner into the SCP's sausage factory.
By the time the SCP realised they had no admissible evidence of the driver's identity, it was too late to institute proceedings.
£100 refunded, and matter quietly dropped without confirmation of the same to the OP.
By the time the SCP realised they had no admissible evidence of the driver's identity, it was too late to institute proceedings.
£100 refunded, and matter quietly dropped without confirmation of the same to the OP.
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