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PostPosted: Thu Feb 10, 2011 14:57 
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Afternoon all

I have a question regarding the NIP form and responding to it.

If after receiving an NIP for doing 38 in a 30. It is filled out correctly, and posted to the ticket office via recorded trackable delivery to prove postage has been made to them ... and they then claim not to have received it and issue a threat to prosecute .. Can the proof of recorded delivery and tracking number prove that the NIP form did get sent within the 28 days and that it and its their mix up.. ?

If so then I would presume the legal obligation to fill it in and respond in a timely manner has been met and the ticket for said speeding would be dropped as it is their fault for losing the form ... ?

Also if they were to mail out a fresh one, would this be in breach of the 14 day rule, as it would be sent out after the 14 days of the original offence.. ?

Thank you for any help :) :)


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PostPosted: Thu Feb 10, 2011 17:26 
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Hi fellow biker. :welcome:

There are great people on here who can help but it is sort of the norm to point you to Pepipoo as well if you haven’t heard of them and post your question there if you like. :)

They also have a useful NIP wizzard but you have to register, which is free, and be logged in.

Hope this is helpful. Love the Avatar BTW. :D

Cheers.

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PostPosted: Fri Feb 11, 2011 03:04 
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tea-drinker wrote:
... and they then claim not to have received it and issue a threat to prosecute .. Can the proof of recorded delivery and tracking number prove that the NIP form did get sent within the 28 days and that it and its their mix up.. ?
The fact that you have sent them a response will show that they have sent something to you (why would you suddenly send them something off your own bat without reason!) so the fact that you have some proof to show you intention to communicate with them will count. They ought to be sensible after seeing that evidence of proof of sent correspondence, ought to provide an opportunity to pay (or attend a course). As you have responded then yes it will act as proof that you received something that you then appeared to have responded to. If you have kept a copy of what you sent then simply re-send them another copy (of the copy), and the proof of postage too ought to be sufficient and certainly worth trying.

BTone is right in suggesting pepipoo, as they have lawyers who can advise beyond their NIP wizard.
tea-drinker wrote:
If so then I would presume the legal obligation to fill it in and respond in a timely manner has been met and the ticket for said speeding would be dropped as it is their fault for losing the form ... ?
I don't see how they will drop it as your proof of posting will show something took place. You cannot precisely prove what was sent (unless you have an independent witness), but the fact of your response implies an action happened, so they won't then drop the case. If the document has never been delivered then how can you know that you needed to respond. The current position is that they ought to show the document was 'raised' and therefore the assumption that it was sent to the last known registered keeper address record. if that is wrong then there will be an added charge as DVLA are meant to be kept up to date unless it is a recent sale and docs are still all in transit etc.

tea-drinker wrote:
Also if they were to mail out a fresh one, would this be in breach of the 14 day rule, as it would be sent out after the 14 days of the original offence.. ?
Not if you need it to resend your data, as a reference, but if it is to 'start afresh' with a new case then I am not sure. Definitely time to consult with a solicitor as signing anything might see you admit to something that you possibly might be unwise to do.
HTH. :)
I am not a lawyer and cannot legally advise you, this is my opinion only.

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