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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have responded to a nip with the details of the driver of

Customer Question

I have responded to a nip with the details of the driver of my vehicle at the time. They were subsequently sent a nip in their name to which they replied acknowledging the offence. I then received another nip back in my name. Do I have to reply to this again as I already supplied details first time round that the police followed up with. Surely this is an error on the police behalf? Can I now reject the latest nip on the basis that it is well past the 14 days. It also has a different ticket number to the original!
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
You can argue that you have already complied with your S172 obligations but it is not a good idea. It is a pointless point to take.
They could argue that S172 is engaged every time they send a request out and therefore failing to respond is failing to provide.
There isn't any case law on that specific point. You could appeal an adverse ruling.
There is no way of telling which way the court of appeal would go upon that point. I think probably they would say that a person who had disclosed once complied with the spirit of S172 and was therefore sufficient but it depends whether you want to spend thousands of pounds when you could just name the driver.
The 14 day point is a non issue. The first NIP was sent out within 14 days which is all they have to do.
What will have happened here is that they send a S172 request to the driver who will have named you as the driver. Therefore the NIP has come back. Probably. It could be police error but that is not as likely.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Thanks Jo, the other driver was my wife who's response I saw acknowledged the offence. The other variables were that the original nip was sent to my London address, where the car was registered. I gave my wife's details at our family home address in bucks. I sold the car used at the time of the offence, registering it at the bucks address to remove personal plate prior to sale. The first nip that was sent to me in London and the second nip sent to my wife in bucks then subsequently the third nip sent to me, now at the Bucks address.
Both me and my wife gave replied already to the original nips we both received.
Danny
Expert:  Jo C. replied 1 year ago.
I presume you were both telling the truth to the best of your knowledge?
Clearly you can't bith be right about who was driving but this was an honest mistake?

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