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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice.
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I was sent an NIP but never received it. Got a reminder 5

Customer Question

I was sent an NIP but never received it.
Got a reminder 5 weeks after the event.
Have supplied the driver details but am challenging the NIP as was not served within 14 days of the offence.
Police have written back to say they sent a letter and are ignoring the fact i never got it.
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. i will try to help with this.

Have you completes the second nip? You misunderstand the law I'm afraid
Customer: replied 3 years ago.

yes, they send a reminder asking who was driving, we replied this but also we sent a letter saying we did not receive the first NIP the second one was out of date

Expert:  Jo C. replied 3 years ago.
Ok. That at least protects you from failing to identify.

I am sorry though but its not as simple as you think.

Unfortunately all they need to do is produce evidence that the original NIP was sent out in time. They will just produce a statement from the civilian support officer who put the NIP in the post. The fact that you didn't receive does not mean they didn't despatch it.

When the reminder reaches you is a non issue as long as the original NIP was sent out within 14 days.

Whatever you have sent with the NIP doesn't really matter of itself. As long as you completed the reminder declaring unequivocally the details of the driver it will not be an issue. Even if they were out of time, the fact of the reminder triggers your S172 responsibilities to disclose the details of the driver.

If the NIP was out of time then probably they are hoping that you will fail to complete the reminder so that they can summons you for failing to identify. Do not play into their hands.

I'm very sorry but thats the position unfortunately.

Hope this helps.
Customer: replied 3 years ago.

ok thank you, XXXXX XXXXX bit of a nightmare as my points are stacking up!

Expert:  Jo C. replied 3 years ago.
This doesn't necessarily mean they will remember to summons you though which is the really important thing. They do often forget to do that.

Its just that if they do have everything else in order the 14 day point is only an issue if the first NIP is out of time. Again, of course, it may be. You don't know because you didn't receive it.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69359
Experience: Over 5 years in practice.
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 3 years ago.

sorry i am now confused, they asked for the driver and they have written to the driver who will now presumably get a fine and points.


I am confused about the summons....

Expert:  Jo C. replied 3 years ago.
How many points do you have?

I will be happy to continue with this but please rate my answer.
Customer: replied 3 years ago.

i have 6 points but

6 are in 2010 may and Sept

3 were in 2007 june 2007


my insurance will rocket!

am really worried about being on 9 points.

Expert:  Jo C. replied 3 years ago.
The matters from 2007 will no longer be live.

The 6 from 2010 will be.

All you do when you complete a S172 request is identify the driver. You don't plead guilty to the offence. They still have to prove that in court unless you accept the fixed penalty.

Of course, there are not many defences that are sure fires but its not automatic.

What you can do is refuse the fixed penalty offer and wait to see if they summons you. Quite often they do forget. If they do remember then you can always plead guilty by post and you will get the same number of points. The risk is that the financial penalties are higher.

Personally I would never take the fixed penalty offer. You don't get all that much from it.
Customer: replied 3 years ago.

well that is news to me as I thought you had to accept the fixed penalty offer.

we have identified the driver and done no more, so should we now not complete the latest NIP

you say higher financial penalties if your plead guilty by post much higher ?

can you give me an idea?

Expert:  Jo C. replied 3 years ago.
No, you should complete the NIP. If you don't they will charge you with failing to identify which carries 6 points and a fine and then you would be disqualified for totting.

You will get a fine in the low hundreds, plus court costs of £85 and the victim surcharge. That is worse case scenario. Best case scenario the court would give you a fine of $45 plus costs of £15 and 3 points so you would be dealt with as if you had the fixed penalty.

I'm just going offline as I have court tomorrow but I can pick up in the morning if you want to know anything else.
Customer: replied 3 years ago.

thank you...will come back to you.

Don't understand the charging system, so wanted to check i have paid you.

Expert:  Jo C. replied 3 years ago.
Yes, its nothing to worry about.

Best of luck.

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