NOTICE OF INTENDED PROSECUTION X 2
Discussion
i hope you folks can help me with this one because it has got me well and tryly stumped.
back in june i received a NIP for speeding, i sent it back with my fathers details on because we believe that he was driving my car at the time. since i sent it back we have heard nothing.....until today, when i receive another NIP, with the same place time and date etc. im not sure what to do. do i send it back or is it their fault that they have lost the first.....please help
back in june i received a NIP for speeding, i sent it back with my fathers details on because we believe that he was driving my car at the time. since i sent it back we have heard nothing.....until today, when i receive another NIP, with the same place time and date etc. im not sure what to do. do i send it back or is it their fault that they have lost the first.....please help
no legal expert here but maybe try just sending a letter saying you already replied to this NIP on <insert date> but dont give details of who was driving. then if they have lost the first NIP they are screwed as to finding out who was the driver as they will need to find the first NIP.
They have 14 days from the date of the alleged offence to inform you - so as you can build a possible defence?
The fact they informed you the first time within that period may mean your old man might still get some points and a fine - however, it appears they have screwed up.
What i would do is send it back saying that the alleged offence date is outside 14 days so it should not apply.
Again, not a fully qualified legal representative..
The fact they informed you the first time within that period may mean your old man might still get some points and a fine - however, it appears they have screwed up.
What i would do is send it back saying that the alleged offence date is outside 14 days so it should not apply.
Again, not a fully qualified legal representative..
EU_Foreigner said:
The 14 day rule does not apply to a "reminder" NIP though. I expect there must be more with the communication that just another NIP.
Something like a letter of "you have not responded"
If they have made an error and its not a "reminder" NIP then if you were a badass, you could play ignorant to the fact you received the first one, in which case the 14 day rule could apply.Something like a letter of "you have not responded"
However, if its reminder NIP - Points/fine.com
EU_Foreigner said:
The 14 day rule does not apply to a "reminder" NIP though. I expect there must be more with the communication that just another NIP.
Something like a letter of "you have not responded"
it is exactly the same as the first NIP, no letter saying that i have not responded, nothing.Something like a letter of "you have not responded"
allen.
You, as the Reg Keeper of the vehicle involved, would firstly receive post that would contain two items. Firstly
[1]a NOIP
which has to be served on the driver, or if not known, the Reg Keeper of the vehicle within 14 days of the offence (ignoring the actual day). Otherwise they cannot proceed.
[2]172 request
to name the driver under S.172 RTA 1988, which has to be completed and returned within 28 days otherwise offence committed.
You state you returned the 172 naming father and apparently in the time scale.
It seems that on receipt of the 172 naming father, they have sent a 172 to him with the intention of getting a signed statement (172) from him so that they can use this as evidence that he was the driver involved.
But it looks as if father has returned his 172 naming you as the driver, hence the repeat to you of what you call a NOIP and which has no bearing as an orignal was served in time. By Noip I take it you mean `172 request?
Speak to Daddy and see if this what has happened?
dvd
You, as the Reg Keeper of the vehicle involved, would firstly receive post that would contain two items. Firstly
[1]a NOIP
which has to be served on the driver, or if not known, the Reg Keeper of the vehicle within 14 days of the offence (ignoring the actual day). Otherwise they cannot proceed.
[2]172 request
to name the driver under S.172 RTA 1988, which has to be completed and returned within 28 days otherwise offence committed.
You state you returned the 172 naming father and apparently in the time scale.
It seems that on receipt of the 172 naming father, they have sent a 172 to him with the intention of getting a signed statement (172) from him so that they can use this as evidence that he was the driver involved.
But it looks as if father has returned his 172 naming you as the driver, hence the repeat to you of what you call a NOIP and which has no bearing as an orignal was served in time. By Noip I take it you mean `172 request?
Speak to Daddy and see if this what has happened?
dvd
Dwight VanDriver said:
allen.
You, as the Reg Keeper of the vehicle involved, would firstly receive post that would contain two items. Firstly
[1]a NOIP
which has to be served on the driver, or if not known, the Reg Keeper of the vehicle within 14 days of the offence (ignoring the actual day). Otherwise they cannot proceed.
[2]172 request
to name the driver under S.172 RTA 1988, which has to be completed and returned within 28 days otherwise offence committed.
You state you returned the 172 naming father and apparently in the time scale.
It seems that on receipt of the 172 naming father, they have sent a 172 to him with the intention of getting a signed statement (172) from him so that they can use this as evidence that he was the driver involved.
But it looks as if father has returned his 172 naming you as the driver, hence the repeat to you of what you call a NOIP and which has no bearing as an orignal was served in time. By Noip I take it you mean `172 request?
Speak to Daddy and see if this what has happened?
dvd
i live with my father and he has received nothing, he would have given it to me to sort out if he had received something. this new NIP is exactly the same as the first one, and Dad has received nothing....You, as the Reg Keeper of the vehicle involved, would firstly receive post that would contain two items. Firstly
[1]a NOIP
which has to be served on the driver, or if not known, the Reg Keeper of the vehicle within 14 days of the offence (ignoring the actual day). Otherwise they cannot proceed.
[2]172 request
to name the driver under S.172 RTA 1988, which has to be completed and returned within 28 days otherwise offence committed.
You state you returned the 172 naming father and apparently in the time scale.
It seems that on receipt of the 172 naming father, they have sent a 172 to him with the intention of getting a signed statement (172) from him so that they can use this as evidence that he was the driver involved.
But it looks as if father has returned his 172 naming you as the driver, hence the repeat to you of what you call a NOIP and which has no bearing as an orignal was served in time. By Noip I take it you mean `172 request?
Speak to Daddy and see if this what has happened?
dvd
L14MNV said:
If they have made an error and its not a "reminder" NIP then if you were a badass, you could play ignorant to the fact you received the first one,
You could, but then lying and getting caught could lead to a charge of attempting to pervert the course of justice..EU_Foreigner said:
ah well, in that case there is no reason not to use the RAC letter for the 14 day issue
Other than the fact that the OP knows that the first NIP did arrive in time which is a good reason not to use the RAC letter (in which the writer states that the NIP was not served in time).allenb - Do you have a delivery receipt for the NIP you returned ?
And how long have they given you to respond to this (second) NIP ?
[quote=SS2
allenb - Do you have a delivery receipt for the NIP you returned ?
And how long have they given you to respond to this (second) NIP ?
[/quote]
no i do not have a delivery receipt for the first one and they have given me 28 days to respond. i think that they might have lost the first one or something and they are just hoping that i dont know the law regarding the 14 days in relation to the second one
allenb - Do you have a delivery receipt for the NIP you returned ?
And how long have they given you to respond to this (second) NIP ?
[/quote]
no i do not have a delivery receipt for the first one and they have given me 28 days to respond. i think that they might have lost the first one or something and they are just hoping that i dont know the law regarding the 14 days in relation to the second one
OK, shame about the lack of a receipt. Never mind, though..
Anyway, hypothetically...
If you were to wait until the end of the 28 day period before nominating your father (again)..
And let's say 5 days later, your father was to receive his own NIP which gave him 28 days to respond..
And if you were to wait until the end of that 28 day period before he replied and nominated himself..
How many days short of 6 months from the date of the alleged offence would it be ?
Anyway, hypothetically...
If you were to wait until the end of the 28 day period before nominating your father (again)..
And let's say 5 days later, your father was to receive his own NIP which gave him 28 days to respond..
And if you were to wait until the end of that 28 day period before he replied and nominated himself..
How many days short of 6 months from the date of the alleged offence would it be ?
allen_b said:
i think that they might have lost the first one or something and they are just hoping that i dont know the law regarding the 14 days in relation to the second one
If the first NIP was served within 14 days, then the 14 day rule has been satisfied.Edited by SS2. on Thursday 27th September 21:55
allen_b said:
the offence date was 5/6/07. and what has 6 months got to do with anything, is that the length of time that they have to prosecute or something??? please forgive me for being a little uneducated on this subject
They have 6 months from the date of the alleged offence to commence proceedings. In your father's case, this would be 05.12.2007.If you were to utilise the time offered you, it may work to your advantage..
Let's say you nominate your father using the most recent NIP / s.172 form and return this by 24.10.2007 (ie as late as possible).
Let's assume that he would then receive his own NIP / s.172 on or around 30.10.2007.
He would then nominate himself and return the completed s.172 form by 25.11.2007 (again as late as possible).
Assuming that the alleged speed was within the fixed penalty range (and assuming he has 8 points or less), he should be issued with a Conditional Offer of Fixed Penalty. Such an Offer remains valid for 28 days from date of issue and it will state that proceedings cannot be commenced during this 28 day period.
If, hypothetically of course, your father were to ignore the CoFP, by the time it had expired it would be more than 6 months after the alleged offence and, accordingly, it would be too late to commence proceedings for his speeding indiscretion..
Edited by SS2. on Thursday 27th September 22:35
Edited by SS2. on Thursday 27th September 22:36
SS2. said:
allen_b said:
the offence date was 5/6/07. and what has 6 months got to do with anything, is that the length of time that they have to prosecute or something??? please forgive me for being a little uneducated on this subject
They have 6 months from the date of the alleged offence to commence proceedings. In your father's case, this would be 05.12.2007.If you were to utilise the time offered you, it may work to your advantage..
Let's say you nominate your father using the most recent NIP / s.172 form and return this by 24.10.2007 (ie as late as possible).
Let's assume that he would then receive his own NIP / s.172 on or around 30.10.2007.
He would then nominate himself and return the completed s.172 form by 25.11.2007 (again as late as possible).
Assuming that the alleged speed was within the fixed penalty range (and assuming he has 8 points or less), he should be issued with a Conditional Offer of Fixed Penalty. Such an Offer remains valid for 28 days from date of issue and it will state that proceedings cannot be commenced during this 28 day period.
If, hypothetically of course, your father were to ignore the CoFP, by the time it had expired it would be more than 6 months after the alleged offence and, accordingly, it would be too late to commence proceedings for his speeding indiscretion..
Edited by SS2. on Thursday 27th September 22:35
Edited by SS2. on Thursday 27th September 22:36
SS2. said:
allen_b said:
the offence date was 5/6/07. and what has 6 months got to do with anything, is that the length of time that they have to prosecute or something??? please forgive me for being a little uneducated on this subject
They have 6 months from the date of the alleged offence to commence proceedings. In your father's case, this would be 05.12.2007.If you were to utilise the time offered you, it may work to your advantage..
Let's say you nominate your father using the most recent NIP / s.172 form and return this by 24.10.2007 (ie as late as possible).
Let's assume that he would then receive his own NIP / s.172 on or around 30.10.2007.
He would then nominate himself and return the completed s.172 form by 25.11.2007 (again as late as possible).
Assuming that the alleged speed was within the fixed penalty range (and assuming he has 8 points or less), he should be issued with a Conditional Offer of Fixed Penalty. Such an Offer remains valid for 28 days from date of issue and it will state that proceedings cannot be commenced during this 28 day period.
If, hypothetically of course, your father were to ignore the CoFP, by the time it had expired it would be more than 6 months after the alleged offence and, accordingly, it would be too late to commence proceedings for his speeding indiscretion..
Edited by SS2. on Thursday 27th September 22:35
Edited by SS2. on Thursday 27th September 22:36
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