NIP's! Here is one I have not heard before

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T.C.
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NIP's! Here is one I have not heard before

#1 Post by T.C. » Mon Jul 19, 2010 3:11 pm

Had a phone call from a guy I know last week asking for some advice.

Beginning of July he received an NIP through the post for an alleged speeding offence that occured at the beginning of March.

Now apart from the fact that he disputes the offence, (he was caught supposedly on a fixed camera) he wondered why it had taken so long for him to get the NIP. Beginning of March to beginnning of July just over 4 months :smt017

I advised him to call the central ticket office at the first opportunity and raise the issue of the NIP being unlawful.

He phone me back this morning, and what he said was to say the least a shock

It took the Police 1 week to send off a request to DVLA for registered keeper details and they have only just got the information back

Now, bearing in mind he has owned the same bike on the same registration mark from new for the past 5 years, and bearing in mind that the Police can download info from the PNC in seconds, doesn't it seem a bit strange that it has taken them nearly 4 months to obtain registered keeper details?

Suffice to say, I have advised him accordingly
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#2 Post by D-Rider » Mon Jul 19, 2010 3:35 pm

I guess the trouble is that for every one that recognises this "error", there will be significantly more that just accept it, don't challenge it and take the hit of the fine and the points.
:smt009
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Samray
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#3 Post by Samray » Mon Jul 19, 2010 3:49 pm

Basturds! :smt012
I assume there was no change of address involved ?
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#4 Post by T.C. » Mon Jul 19, 2010 4:35 pm

Samray wrote:Basturds! :smt012
I assume there was no change of address involved ?
No, same address for the past 5 years. They simply cocked up and are now trying to wriggle their way around it.
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Aladinsaneuk
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#5 Post by Aladinsaneuk » Mon Jul 19, 2010 4:47 pm

fairly sure that a nip has to be issued inside 14 days of the offence being comitted


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#6 Post by Willopotomas » Mon Jul 19, 2010 5:03 pm

Might be true about the DVLA though.. I've been waiting months for a replacment V5 to come through. Idiots. If it's not here soon, I may take a ride down (on my new Falco :smt003 ) and give um shit.

Still.. I'd fight it in the courts.. Something to do, and now it's a matter of principle.. :smt002
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#7 Post by T.C. » Mon Jul 19, 2010 6:14 pm

Aladinsaneuk wrote:fairly sure that a nip has to be issued inside 14 days of the offence being comitted
It does!

It must be issued in such time as it would be reasonable to arrrive within the 14 days of the date of the alleged offence, however, once posted, and provided it is within the 14 days (check the post mark) it is deemed to have been served even though it may not drop through your letter box for several weeks. That post mark is all important.

The comment regarding the DVLA is not even a consideration.

The police have what is called the Police National Computer, and they can obtain registered keepers details in seconds. Unlike you and me, they do not have to make an application to the DVLA.

Oh, and if it goes ahead, I will be having some fun in court on behalf of the person concerned as he will be entitled to claim costs against the Police as well! :smt003
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#8 Post by BikerGran » Mon Jul 19, 2010 7:35 pm

D-Rider wrote:I guess the trouble is that for every one that recognises this "error", there will be significantly more that just accept it, don't challenge it and take the hit of the fine and the points.
:smt009
I reckon that's the truth of it!

They're probably short-staffed and weeks behind, I bet he's not the only one!
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