NIP Lost by Camera Partnership

Honest John Back Room » Legal matters
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Tue 18 Jun 2013 18:14
NIP Lost by Camera Partnership - Craig G

HI there,

I would be interested in hearing peoples advice & opinion.

On the 10th May I got caught by a mobile Camera - 38 in a 30 a fair cop. The NIP arrived about 1 week later. I carefully filled it in and being the cynical type posted it it back as recorded delivery the day after it arrived. I heard nothing for 3 weeks before I received a "you've not replied letter please send information".

Rather than resending all the information I wrote to the address documenting date of receipt of NIP, Date of Posting of NIP, tracking reciept and screenshot of Royal Mail website showing date of delivery and name and signature of recipient. I finished my letter stating that I am happy to resolve this matter as quickly a possible and they can contact me by mail or telephone (including my mobile number).

It is now a few weeks further on and I have heard nothing. No written response or acknowledgement, no phone calls.

Does this mean I now have to wait 6 months in case it get lays before court for a failure to provide (which will be a pretty crappy six months), and more significantly if it does get laid before the court when is the probably outcome.

For reference I have no points, was in the band for the Speed awareness course and have no objection to taking either the 3 points for speeding or the course. (I did the crime so I would take the punishment). I do have a strong objection to being falsely accused of failing to do something because someone else has lost the information.

Thanks in advance.

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Wed 19 Jun 2013 08:42
NIP Lost by Camera Partnership - Dwight Van Driver

So....

You get the NOIP/172 on or about 17th May.

Clock now ticking 28 days to reply.

You replied 11th .

They wait until 13th June to go through outstanding file. Have they lost this as well?

You have more than complied.

Whilst it may seem these are early days:

1. They are deeply embrassed and have filed matter WPB with no guts to reply, or

2.Their admin is slow and a letter (CO) on its way in the days to come, or

3.If (1) applies and nothing forthcoming in 6 months you may have been granted get out of jail card. Remember 6 months to lay the information and if laid in that time scale summons can be issued after this day.

To many variables which can be resolved by contacting them. Gently but forceably pointing out their error may get a favourable responce?????????

dvd

Edited by Dwight Van Driver on 19/06/2013 at 08:46

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Wed 19 Jun 2013 09:24
NIP Lost by Camera Partnership - RT

This incident sounds like Warwickshire - their admin is woefully incompetent and they must lose lots of opportunities to raise money from speeding motorists.

In my case, they didn't notify me they were dropping the case, just didn't hear anything after some protracted correspondence about the accuracy of the NIP.

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Wed 26 Jun 2013 13:10
NIP Lost by Camera Partnership - E.Patterson - Motoring Lawyer

Just be careful with this one. You could send back the information again (make sure they will still accept it) and probably get the speed awareness course (make sure they will still let you do it as they get edgy when time is dragging on) and avoid points.

Alternatively if they don't find your response they will most likely summons you for failing to name the driver which carries 6 points. To be convicted the court would have to find that you did not "give" the information. You have good strong evidence that you did - but there could be a suggestion that you sent back an empty envelope....cynical I know but it would be a clever thing to do potentially..To convict you the prosecution would have to prove beyond reasonable doubt that you did not "give" the information. This is not a statutory defence so the burden is not on you.

Bottom line is there is always a risk in litigation and these matters are not easy to defend and the court often gets it wrong and puts the burden on the defendant rather than the prosecution.

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Thu 17 Jul 2014 12:29
NIP Lost by Camera Partnership - Ricktosterone

I am a new user here on what looks like a very useful forum. I wondered if any one knows the outcome of this case above.

I received and replied (recorded, with proof of delivery by signature from the SRB, which I have a copy of) to a NIP within twenty eight days and have since left the UK for a long summer vacation. Whilst away I have become aware that a seven day notice has since been sent to my home in the UK stating now that "By not replying to the original notice (I) have already committed the offence (of failing to give information as to the identity of the driver of the vehicle)" I am on a boat in the medeteranian and would incur significant expense in obtaining and replying to the new seven day notice. I have no idea as to how best proceed due to my current location and believing that I have already fulfilled my legal obligation under Section 172 of the Road Traffic Act 1988. Does any one know the outcome of this initail thread or have practical advise on how I should proceed? If so please do share.

Thanks :)

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