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PostPosted: Thu May 25, 2006 01:32 
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SIRWIN wrote:
My earlier p.s. confirmed that I am the registered keeper and was at the time of the alleged offence. My address is, and was the same as on the V5. I see no reason why it has taken so long to send me the NIP.

What I wanted to know was the actual date of issue of the NIP. Was it recent, or does the date of the document make it a "copy" of an original that would have been served in time had it been delivered on that date?

Do you still have the envelope it came in? If so what does the postmark say (and don't throw it away!).

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I have registered on pepipoo but find it a little difficult to negotiate. I filled out the wizard but can see no outcome.

The Wizard has only just gone live so is still evolving. However the idea is that you run it and then paste the output into a post that you have already created. HTH

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PostPosted: Thu May 25, 2006 07:13 
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(Posted: Wed May 24, 2006 4:09 pm Post subject:)

The car was bought and registered new in August 2005 in my name and address.
The NIP is dated 19th May 2006 and was received this morning, 24th May 2006 in an envelope postmarked 23rd May 2006 which I still have.
The alleged offence was 1st March 2006.



(I have tried to scan in a copy of NIP but my computer skills are rather lacking. I will keep trying. It is quite obviously an original in my opinion)


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PostPosted: Fri May 26, 2006 13:20 
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Zamzara wrote:
Remember that even if the NIP is out of time and the speeding cannot be acted on, the S172 request for the driver's details must still be complied with. Otherwise they will probably prosecute for failing to give the information.


Sorry to go over this again, but should I send the NIP back with an RAC letter even though I have filled it in and signed it. (DOH!)
Should I just cross out my signature?
Other advice was to send details separately but the wording on the NIP says information MUST be given on the back of the NIP.


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PostPosted: Fri May 26, 2006 19:19 
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SIRWIN wrote:
Zamzara wrote:
Remember that even if the NIP is out of time and the speeding cannot be acted on, the S172 request for the driver's details must still be complied with. Otherwise they will probably prosecute for failing to give the information.


Sorry to go over this again, but should I send the NIP back with an RAC letter even though I have filled it in and signed it. (DOH!)
Should I just cross out my signature?
Other advice was to send details separately but the wording on the NIP says information MUST be given on the back of the NIP.


If the NIP is out of time, signing it and admiting driving is not a problem. It gets you clear of the 172. However, write "OUT OF TIME" across it and keep a copy before sending it back recorded delivery. Game over. They may well write write bluff and bluster back but stick to your guns and if necessary threaten them with "abuse of process" if they carry on with more bluff.


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PostPosted: Fri May 26, 2006 19:47 
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SIRWIN wrote:
Other advice was to send details separately but the wording on the NIP says information MUST be given on the back of the NIP.

There is clear case law to support that their allegation is a lie. Whilst you do have to give them each piece of information they request you do not have to use their form for the purpose.

I'd keep the form and send a separate letter supplying all the details they require.

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PostPosted: Fri May 26, 2006 19:57 
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JT wrote:
SIRWIN wrote:
Other advice was to send details separately but the wording on the NIP says information MUST be given on the back of the NIP.

There is clear case law to support that their allegation is a lie. Whilst you do have to give them each piece of information they request you do not have to use their form for the purpose.

I'd keep the form and send a separate letter supplying all the details they require.


Yup - both methods are acceptable - but keep a copy and send it recorded dly.


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PostPosted: Fri May 26, 2006 22:35 
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Thanks again guys.
As they say the form must be used I will send it with TIME-OUT added just so they can't make an issue of it.
I am more than confident of my situation now and will go ahead when I return fropm holiday on the 13th (3 days left to get it in). Iwould like to deliver it in person but will probably rely on NEXT DAY GUARANTEED DELIVERY from post office.
Sorry, JT, I could not manage to copy my scanned letter and NIP to post.
I usually find the way through trial and error but this one has me beaten.
As I say, I am more than happy with my wording and, if anything goes wrong, I will get a solicitor straight on to the case as I am sure I will win.
After all, my nickname is SIR WIN because I've always been lucky.


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PostPosted: Sat May 27, 2006 00:29 
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JT wrote:
I'd keep the form and send a separate letter supplying all the details they require.


I agree. You definitely do not have to use their form, as long as each item of information is provided and the letter is signed.


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PostPosted: Sat May 27, 2006 09:40 
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Thanks Zamzara.
Appreciate your comments.


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PostPosted: Wed Jul 05, 2006 22:18 
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Having followed all the guidance given here and on PEPIPOO I was still expecting a twist from the police.
Does anyone (other than tsm) still trust our protectors?
Are they not accountable for their actions.
Can they be allowed to lie without recrimination?
Having sent in the RAC letter and a copy of the NIP with 'OUT OF TIME'
written across it BY RECORDED DELIVERY I hoped that was the end of it.
This morning I received another NIP stating that they had not received a reply to their earlier NIP and I must fill out a new one and return it within 14 days.
I immediately went to Royalmail.com and checked that the letter was received, and signed for, the day after I posted it.
Can we trust our public employees?
Are they just another business empire with profits the driving force (or should I say service)


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PostPosted: Wed Jul 05, 2006 22:30 
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You have a copy of your reply, proof of posting, proof of delivery and proof that they have not complied with the 14 day rule.

I would say that you have a pretty solid defense against but S172 fail to furnish as well as the original speeding offence.

You might want to phone them up and point this out to them. Once they realise there's no point persuing this they'll likely NFA the alleged offence without bothering with court.

How long was there between you posting the first nip back and receiving the reminder notice. It's possible that the two just got crossed over in processing and that your original reply is just in an in-tray somewhere.


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PostPosted: Wed Jul 05, 2006 22:36 
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No chance man. It's been almost 1 month.
What I would really like to do is take this all the way and highlight the illegal procedures the police seem to be following with the assumption that no one will take them on.
I WILL GO UP TO £5000 IF ANY LEGAL BODS WANT TO TAKE IT ON


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PostPosted: Thu Jul 06, 2006 12:42 
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Funny how their second class mail is always delivered perfectly and is legally assumed to have arrived, but no matter how you send anything back if it isn't "OK I give up" they have real problems even receiving it. I am certain that it is deliberate policy intended to grind you down through the machine.

You can try the ABDs list of lawyers specialising in Traffic Law:

http://www.abd.org.uk/solicitors.htm


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PostPosted: Thu Jul 06, 2006 14:34 
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Cheers Rewolf
Might get it sorted now I've calmed down a bit.
You expect the likes of insurance companies to 'lose' claim forms but the police losing legal documents with such ease and apparent great frequency?
Seems real crooks and them have more in common than us ordinary folk.


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PostPosted: Thu Jul 06, 2006 21:43 
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To be fair to them, the mail they're sending out is either franked or using pre-paid envelopes. These go through the post office sorting process a lot quicker and with fewer mishaps than stamped mail.

Printed addresses help too.


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PostPosted: Thu Jul 06, 2006 22:09 
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Have read that typing an address on an envelope (and postcode) speeds up things through Postal service ---easier read by machines

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PostPosted: Sat Sep 09, 2006 05:16 
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If you've got nowt sensible to say, say nowt- Geordie proverb.

It would appear that they have given up on prosecuting me as I have heard nothing more since my reply to their 2nd NIP and it is now over six months since the date of alleged offence.
I am still contemplating some form of action to make them think again when trying to steamroll motorists into just paying up. However, after the last couple of posts I wonder if it's worth trying to help some people.
Thanks for the brilliant, helpful responses to my initial post, especially JT, and to Paul for his reassurances over the phone on the 2nd NIP.
I have also wrote a letter explaining the need for better signing at the place I was flashed, which, if they are genuinely interested in road safety, they will act on. I won't hold my breath. :wink:


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PostPosted: Thu Sep 14, 2006 08:08 
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QUOTE(SIRWIN @ Thu, 25 May 2006 - 11:44)

Hope so CHADDERS but I'll believe it when it happens.
I'll probably be followed everywhere if I get off it.

[Original quote posted on PEPIPOO]

Hope I wasn't putting ideas into their heads when I wrote that. (Reference to the new proposals to 'target' motorists who prove they weren't breaking the law)
Let me out of this madhouse! :loco:


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