NIP ........way out of date options????

[fireyphoenix1...]

hi guys

just got an NIP in the post

date sent on 20 OCT 2011

intend to take proceedings against me for excess speed on the A5230

on the 15/08/2011

i know when and where this happened in blackpool near the airport after the st anne"s bike meet messing about with a few friends on a completely straight with of road no where for idiots to pull out on ect two of us got flashed bad obs on my part but honestly neither of us had ever noticed a scamera there before

never heard anything about it till now so i assumed it hadnt been setup with film yet

i thought if had been 14 days they had no grounds to prosecute you ??? but my mate garside just told me its six months

im really confused atm got a clean license but im completly skint and cant afford to tax the bike if i have to pay this nip

HELP
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2014 Aprillia dorsoduro 750 factory.

[Kickstart]

Hi

They have to send the NIP to normally arrive within 14 days by first class post. If they don't do that then the NIP isn't valid, but there are exemptions (such as they had to trace you are the address for the vehicle isn't the riders address). It also doesn't actually have to arrive within 14 days (or even arrive).

First thing, DO NOT THROW AWAY THE ENVELOPE!

You might well be best off getting some legal advice. At first glance the NIP doesn't sound likely to be valid, but it could be a 2nd one sent as you didn't respond to the first.

The 6 months is the time they have to lay the details before a court, but they must have given a valid NIP first before they can do that.

All the best

Keith
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Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing

[truslack]

14 days in which to serve the NIP from the date of the offence.

(Don't listen to Garside, he has no licence for a reason )
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Current: Suzuki RG 125 Gamma, Honda H100, Triumph Tiger 800XC, Suzuki SV650 (minitwin)

[Rogerborg]

[T.C]

If it states "Intent to take proceedings" then yes it is an NIP.

As mentioned previously it must be sent in such a time that it would be reasonable to expect it to arrive within 14 days of the alleged offence, the exceptions being where it has been sent to say a company where the vehicles is registered.

The fact that it was sent out so long after the date of the offence invalidates the NIP unless the prosecution can prove and show that the original was sent to the address shown on the PNC or the DVLA database, which unless you have only recently purchased the vehicle or it was a company vehicle is unlikely.

On the back of the paperwork will be the address and telephone number of the central ticket office to who all correspondence should be addressed.

Call them, quote the references, explain to them what you have stated here and they should be able to cancel it straight away and then send confirmation to you in the post that it has been cancelled and no further action will be taken.

If it goes to court, then the Police become liable for costs and so they will be only too pleased to avoid that grief.

The 6 month rule as mentioned is for offences where someone has been summonsed.

Information must be laid before magistrates within 6 months of the alleged offence, or within 6 months of the details of the offender being known, otherwise any prosecution becomes time barred, although it can be several months after information has been laid before the court date is actually set.
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It is better to arrive 30 seconds late in this world, than 30 years early in the next

[iooi]

[fireyphoenix1...]

for all thanks guys

yeah its a propper NIP all laws cited ect but its just very late

the ticket office sounds good gonna call them about it if i can find the number as the form is quite confusing

i had the bike 5 weeks on the date of the offence but i KNOW the police already knew the bike to be registered to me and my flat as it was checked 20 days after i bought it during a random stop check on bikers at the knot end meet trying to catch uninsured riders and mine came up on their computer as being regged to my address insured on database ect ect

so the advice is to challenge the ticket then .......gonna try it and hope i dont get shafted as i understand it they have been know to increase the points and fine for people who didnt accept the bribe
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2014 Aprillia dorsoduro 750 factory.

[dodgydog]

Make sure you still reply before the 28 days are up, (subject to ticket office confirming). Or they might land you with s172 failure to furnish charge.
Also check the doc reference on your V5, (for the date) because whilst the MIB database might have been updated, DVLA might not have done in time.

And KEEP EVERYTHING, including envelope the ticket came in, also TAKE COPIES of everything you send them.

Get proof of posting for everything you send also.

Good luck.


Dog
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I know that you believe that you understood what you think I said, but I am not sure you realise that what you heard is not exactly what I meant

[Rogerborg]

[iooi]

[Rogerborg]

Eh, never mind, I was having a Teflon-Mike Senior Moment. I didn't not miscomprehend that you hadn't failed to say the opposite of what it wasn't your disintention to convey.
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike