10-17-2019, 12:46 PM | #1 |
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Notice of intended prosecution
Today I have received a nip dated 4 weeks after the offence, I am going to send a letter rejecting it has anyone done this in the past and what was the outcome?
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Past - BMW 335d touring xdrive m sport June 2016 Audi S4 B7 avant 4.2l V8, Alfa Romeo 156 V6, Fiat Bravo HGT, VW Polo coupe S, VW Polo gl Mrs Hanchurch - Fiat 500 La Prima Electric, Mini Cooper S cabriolet Past - Mini Cooper S 7 5 door, BMW 120d m sport, Saab 9-3 2.8 V6 turbo, Mazda RX8 231, Mini Cooper S |
10-17-2019, 01:36 PM | #2 |
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How can you prove you didn’t receive it on time as they don’t send them out recorded / registered. You could have just sat on it for a further 2 weeks and claimed as if not received....if it were that easy we would all do it!
Good luck. It’ll probably cost you £2k to fight it! |
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10-17-2019, 01:40 PM | #3 | |
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Thats the important bit |
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10-17-2019, 01:52 PM | #4 | ||
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Tesla Model 3 Performance June 2021
Past - BMW 335d touring xdrive m sport June 2016 Audi S4 B7 avant 4.2l V8, Alfa Romeo 156 V6, Fiat Bravo HGT, VW Polo coupe S, VW Polo gl Mrs Hanchurch - Fiat 500 La Prima Electric, Mini Cooper S cabriolet Past - Mini Cooper S 7 5 door, BMW 120d m sport, Saab 9-3 2.8 V6 turbo, Mazda RX8 231, Mini Cooper S |
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10-17-2019, 02:14 PM | #6 |
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Yeah
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Tesla Model 3 Performance June 2021
Past - BMW 335d touring xdrive m sport June 2016 Audi S4 B7 avant 4.2l V8, Alfa Romeo 156 V6, Fiat Bravo HGT, VW Polo coupe S, VW Polo gl Mrs Hanchurch - Fiat 500 La Prima Electric, Mini Cooper S cabriolet Past - Mini Cooper S 7 5 door, BMW 120d m sport, Saab 9-3 2.8 V6 turbo, Mazda RX8 231, Mini Cooper S |
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10-17-2019, 02:16 PM | #7 |
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Google said:
"As far as alerting persons to any alleged offence, notice can be given by different means. It can be done by way of a summons served on the offender within 14 days of commission of the offence or by a notice of intended prosecution (NIP). The Notice of intended prosecution or NIP can either be given verbally at the time of the incident or in writing (i.e. if you get a ticket from a speed camera) and must be received within 14 days of the offence (or dispatched so that it would reach the driver within the 14 days within the ordinary course of the post). The time limit for service of the NIP is a very important aspect of a succesful prosecution therefore if there has been a delay you should get in touch with a solicitor and obtain case specific advice." In bold is the important bit don't try do this on your own.
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10-17-2019, 02:38 PM | #8 |
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10-17-2019, 02:56 PM | #10 |
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Registered to me and the letter came to my home address directly from West Yorkshire police.
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Tesla Model 3 Performance June 2021
Past - BMW 335d touring xdrive m sport June 2016 Audi S4 B7 avant 4.2l V8, Alfa Romeo 156 V6, Fiat Bravo HGT, VW Polo coupe S, VW Polo gl Mrs Hanchurch - Fiat 500 La Prima Electric, Mini Cooper S cabriolet Past - Mini Cooper S 7 5 door, BMW 120d m sport, Saab 9-3 2.8 V6 turbo, Mazda RX8 231, Mini Cooper S |
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10-17-2019, 04:29 PM | #12 |
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I'd send a polite letter pointing out their schoolboy error.
I'd do that 'on your own' and ignore the post about getting a solicitor involved ...clueless. If they don't play ball , you dont play ball ..you have the golden nugget in the fact some halfwit at their end sent an NIP dated 4 weeks after the offence. It would never see the light of day in a court. |
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10-17-2019, 05:28 PM | #14 |
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No need for a solicitor, just use this online template. The NIP should be nullified in due course.
Very lucky, police are usually pretty good and dishing out NIPs http://www.nopenaltypoints.co.uk/tem...ived-time.html |
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10-18-2019, 01:34 AM | #16 |
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Yes you'll piss it. Don't go to the expense of a solicitor either, this is statute and not interpretation. Use the template letter provided and job jobbed.
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10-18-2019, 01:42 PM | #17 |
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Letter sent, let's see what happens.
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Tesla Model 3 Performance June 2021
Past - BMW 335d touring xdrive m sport June 2016 Audi S4 B7 avant 4.2l V8, Alfa Romeo 156 V6, Fiat Bravo HGT, VW Polo coupe S, VW Polo gl Mrs Hanchurch - Fiat 500 La Prima Electric, Mini Cooper S cabriolet Past - Mini Cooper S 7 5 door, BMW 120d m sport, Saab 9-3 2.8 V6 turbo, Mazda RX8 231, Mini Cooper S |
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10-18-2019, 03:22 PM | #18 |
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I got an NIP like this in 2014 on average speed camera zone. I thought the limit was 50 it was not, it was 40. Received letter dated 17 days after offence. Wrote to Suffolk police and never heard another thing since. Not even acknowledgement.
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10-19-2019, 03:43 AM | #19 |
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Yeah I think they just try it on still when it’s late being sent out, .. some unaware drivers probably just accept the points.
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10-19-2019, 04:50 AM | #20 |
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You can speak to solicitor and ask advice and it'll cost you nothing, I once had a motoring situation and they gave me the advice for free over the phone, it was a good job I did call them and yes I did instruct them to represent me however the outcome could have been the other way and no charge.
For the sake of a 5 minute phone call for me it's worth getting a real experts view.
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10-21-2019, 03:15 AM | #21 | |
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Suffice to say if the OP has a letter dated 4 weeks after the offence (and the offence is only speeding - some don't require an NIP) he is cast iron unable to be prosecuted for it - they may try it on but a court cannot hear the case. It's as simple as that. |
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10-21-2019, 11:46 AM | #22 | |
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