incorrect NIP

Author
Discussion

cmaguire

3,589 posts

110 months

Thursday 8th February 2018
quotequote all
Red 4 said:
cmaguire said:
They have to serve the NIP on the registered keeper within 14 days.
Incorrect.
Coppers making stuff up?
Who would have thought it?

Red 4

10,744 posts

188 months

Thursday 8th February 2018
quotequote all
cmaguire said:
Red 4 said:
cmaguire said:
They have to serve the NIP on the registered keeper within 14 days.
Incorrect.
Coppers making stuff up?
Who would have thought it?
Nope.

If you're going to try and give anyone on here advice though - at least be sure of your facts before you post.

You are constantly wrong. Unfortunately..

AW10

Original Poster:

4,440 posts

250 months

Thursday 8th February 2018
quotequote all
Have sent the following email; curious if they accept it or if they want an ink signature on piece of paper.

Thank you for the momentary panic and then considerable amusement provided by the subject notice stating that a BMW registered in my name was measured as driving at 94mph on 2 Feb 2018 at 20:45.

Where to start...

I am not the registered keeper of a BMW with the quoted registration. While I do own 3 BMWs none have a registration remotely similar. They're all on standard age related plates.
When I look up the quoted registration on the DVLA's tax and MOT site and on ASKMID the quoted registration shows as the registration of a V12 Ferrari.
On 2 Feb I was some 100 miles away all day. At 20:45 I was probably putting the finishing touches on dinner for my very hormonal/menopausal partner who remembers the evening all too well as she was rather hangry.
In a pinch I could probably find a receipt from the local Lidl time stamped around 19:00 - hardly the shopping destination of the typical Ferrari driver. And tarnishing the reputation of most BMW drivers as well.

I trust this is sufficient for you to search elsewhere for the particular miscreant you're after.

daveinhampshire

531 posts

127 months

Thursday 8th February 2018
quotequote all

cmaguire

3,589 posts

110 months

Thursday 8th February 2018
quotequote all
AW10 said:
Have sent the following email; curious if they accept it or if they want an ink signature on piece of paper.

Thank you for the momentary panic and then considerable amusement provided by the subject notice stating that a BMW registered in my name was measured as driving at 94mph on 2 Feb 2018 at 20:45.

Where to start...

I am not the registered keeper of a BMW with the quoted registration. While I do own 3 BMWs none have a registration remotely similar. They're all on standard age related plates.
When I look up the quoted registration on the DVLA's tax and MOT site and on ASKMID the quoted registration shows as the registration of a V12 Ferrari.
On 2 Feb I was some 100 miles away all day. At 20:45 I was probably putting the finishing touches on dinner for my very hormonal/menopausal partner who remembers the evening all too well as she was rather hangry.
In a pinch I could probably find a receipt from the local Lidl time stamped around 19:00 - hardly the shopping destination of the typical Ferrari driver. And tarnishing the reputation of most BMW drivers as well.

I trust this is sufficient for you to search elsewhere for the particular miscreant you're after.
You could have done the decent thing and waited a week.

Red Devil

13,069 posts

209 months

Thursday 8th February 2018
quotequote all
mickmcpaddy said:
The Rookie said:
Except it’s not job done is it, none of those says he doesn’t have information in his power to give.

As per my reply on Pepipoo, you have to make it clear you have no knowledge of the vehicle nor where you at the location at the time.
Even if its obviously a cock up by the police, leave it 14 days so they have no chance of getting their dirty filthy scummy little fingers on the correct persons money.
If it's a fixed/mobile camera or speed gun recorded offence, what kind of cock-up could
a) manage to conflate a VRM assigned to a Ferrari with a BMW (per the NiP)?
b) allocate it to the OP who, even if he drives a BMW, says he has never possessed a personalised plate?

a) could be a misread by someone in the process unit, but b) would require a second error.
What are the chances of that happening? One mistake maybe, but two??

Am I missing something obvious?

mickmcpaddy

1,445 posts

106 months

Thursday 8th February 2018
quotequote all
Red 4 said:
cmaguire said:
They have to serve the NIP on the registered keeper within 14 days.
Incorrect.
Incorrect.

The first NIP in the chain has to be served within 14 days of the offence, no exceptions. The one they sent out to the OP isn't a valid NIP so the first one is yet to be sent out, if the OP delays his reply by 14 days then it makes it impossible for the filth to send one out in time.

Whether the correct person in this episode is aware of his rights though is anyone's guess, I'm certain our money grabbing law enforcers will chance their arm still.

AW10

Original Poster:

4,440 posts

250 months

Thursday 8th February 2018
quotequote all
Red Devil said:
Am I missing something obvious?
We must both be because I can't make any sense of it. My story is true - not my reg and was miles away. Last time I was on the M42 was probably June and there was way too much traffic for 70 mph, much less 94 mph.

mickmcpaddy

1,445 posts

106 months

Thursday 8th February 2018
quotequote all
Red Devil said:
mickmcpaddy said:
The Rookie said:
Except it’s not job done is it, none of those says he doesn’t have information in his power to give.

As per my reply on Pepipoo, you have to make it clear you have no knowledge of the vehicle nor where you at the location at the time.
Even if its obviously a cock up by the police, leave it 14 days so they have no chance of getting their dirty filthy scummy little fingers on the correct persons money.
If it's a fixed/mobile camera or speed gun recorded offence, what kind of cock-up could
a) manage to conflate a VRM assigned to a Ferrari with a BMW (per the NiP)?
b) allocate it to the OP who, even if he drives a BMW, says he has never possessed a personalised plate?

a) could be a misread by someone in the process unit, but b) would require a second error.
What are the chances of that happening? One mistake maybe, but two??

Am I missing something obvious?
Can you imagine how much pressure the staff in the SCP office are under to get the letters and fines out the door as quick as possible, its a multi million pound business. Is it any wonder there are misreads and mistakes made, minimum wage staff will be st scared of a chat with management without tea and biscuits about "performance".

Edited by mickmcpaddy on Thursday 8th February 23:20

Red 4

10,744 posts

188 months

Thursday 8th February 2018
quotequote all
Ferrari man has registered his car to you.

Or it's a cock up - either by DVLA or the process unit. It happens.

AW10

Original Poster:

4,440 posts

250 months

Thursday 8th February 2018
quotequote all
Red 4 said:
Ferrari man has registered his car to you.
But as a BMW?

Red Devil

13,069 posts

209 months

Friday 9th February 2018
quotequote all
daveinhampshire said:
Not dissimilar to the failure by a process unit to take a widely publicised postal strike into consideration.
Gidden v Chief Constable of Humberside
http://swarb.co.uk/gidden-v-chief-constable-of-hum...
http://www.bailii.org/ew/cases/EWHC/Admin/2009/292...
https://www.pistonheads.com/gassing/topic.asp?h=0&...
https://www.pistonheads.com/gassing/topic.asp?h=0&...

Cat

3,023 posts

270 months

Friday 9th February 2018
quotequote all
mickmcpaddy said:
Incorrect.

The first NIP in the chain has to be served within 14 days of the offence, no exceptions.
What about the two exceptions provided in section 2(3) of the Road Traffic Offenders Act?

Cat

The Rookie

286 posts

198 months

Friday 9th February 2018
quotequote all
AW10 said:
Have sent the following email; curious if they accept it or if they want an ink signature on piece of paper.

Thank you for the momentary panic and then considerable amusement provided by the subject notice stating that a BMW registered in my name was measured as driving at 94mph on 2 Feb 2018 at 20:45.

Where to start...

I am not the registered keeper of a BMW with the quoted registration. While I do own 3 BMWs none have a registration remotely similar. They're all on standard age related plates.
When I look up the quoted registration on the DVLA's tax and MOT site and on ASKMID the quoted registration shows as the registration of a V12 Ferrari.
On 2 Feb I was some 100 miles away all day. At 20:45 I was probably putting the finishing touches on dinner for my very hormonal/menopausal partner who remembers the evening all too well as she was rather hangry.
In a pinch I could probably find a receipt from the local Lidl time stamped around 19:00 - hardly the shopping destination of the typical Ferrari driver. And tarnishing the reputation of most BMW drivers as well.

I trust this is sufficient for you to search elsewhere for the particular miscreant you're after.
While they are unlikely to proceed, an email doesn't satisfy your legal obligations and you need to do it the old fashioned way to be sure.

In addition you haven't actually told them you know nothing of the car/incident, just reasons why you may not, in fact it could be suggested its deliberate obfuscation.

AW10

Original Poster:

4,440 posts

250 months

Friday 9th February 2018
quotequote all
So I’ve already had a reply and my NIP has been nipped in the bud. The Warwickshire Constabulary replied this morning; the number plate in question was previously on a car I have owned some 6 years and when they checked the reg they misread the PNC/DVLA database and assigned the NIP to the wrong car/person/record. Case now closed.

Usget

5,426 posts

212 months

Friday 9th February 2018
quotequote all
Worst "I've got three Beemers" thread ever hehe

AW10

Original Poster:

4,440 posts

250 months

Friday 9th February 2018
quotequote all
Ha, don’t get too jealous - the average age is 14 years.

Ed/L152

480 posts

238 months

Friday 9th February 2018
quotequote all
speedking31 said:
Just read the S172 carefully as IIRC there isn't a box to tick to say "I have no idea".
A response doesn't have to be limited to one of the available tick-boxes. The forms are designed like that so you feel shepherded into taking your punishment like a good little citizen without any fuss.

EU_Foreigner

2,833 posts

227 months

Friday 9th February 2018
quotequote all
Bet they are rushing the new NIP out to get within that 14 days. As always, nasty post always seems to arrive on Saturday and with the rush they will make sure it does now frown

Wooda80

1,743 posts

76 months

Friday 9th February 2018
quotequote all
AW10 said:
Red 4 said:
Ferrari man has registered his car to you.
But as a BMW?
Few of the sites where you can enter a reg number and get vehicle details are on a real time link to DVLA. Depending on how much the sites are paying DVLA for the data their info may update overnight or sometimes only weekly or even longer.

So in this case, if the number was transferred from a Ferrari to a BMW on say the 31st Jan, it was flashed on 2nd Feb and recognised using up to date data as a BMW. If you then check it on WBAC or similar then the reg may be still recorded as the Ferrari. Even the government tax checker website doesn't guarantee to be real time.