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DIR Return to: Speeding and other criminal offences
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#Post#: 25868--------------------------------------------------
Re: Caught speeding Merseyside
DIR By: andy_foster
Date: June 13, 2024, 1:28 pm
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So, you managed to type out the letter which apparently somehow
isn't a NIP, but you couldn't type out the part of the letter
that was online when you checked the photos that says that they
sent it to the wrong address?
With the accuracy of your descriptions, images of the originals
would be best, but the key part is the actual wording (as
opposed to your interpretation of what it is/says.
#Post#: 25871--------------------------------------------------
Re: Caught speeding Merseyside
DIR By: Steve
Date: June 13, 2024, 1:39 pm
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I never typed it out, I somehow managed to highlight the text
from a picture and copy that. Seeing as I have no idea how to
reduce image size on an iPhone I thought it was the next best
thing.
Long story short, this isn’t my fine. It’s my partners who I am
trying to help out but I’m currently away with work. I’m
relaying what she is telling me. I know the v5 is correct as
I’ve seen that. It is an NIP that she received through the post
on 10/06 but offence date is 11/05. Is there grounds to fight
this? By the sounds of it, Merseyside police messed up and
originally sent the NIP to the wrong address.
#Post#: 25872--------------------------------------------------
Re: Caught speeding Merseyside
DIR By: andy_foster
Date: June 13, 2024, 1:44 pm
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Is there any reason why she can't post here first hand, rather
than you giving us your mickey mouse version of everything?
#Post#: 25877--------------------------------------------------
Re: Caught speeding Merseyside
DIR By: DWMB2
Date: June 13, 2024, 1:56 pm
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Her posting directly would certainly be preferable, and we could
do with seeing the relevant documents. If you can't upload here,
a third party site like Imgur is a good bet.
#Post#: 25887--------------------------------------------------
Re: Caught speeding Merseyside
DIR By: Steve
Date: June 13, 2024, 2:43 pm
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HTML https://imgur.com/a/h6ukTJA
Hopefully this works
#Post#: 25900--------------------------------------------------
Re: Caught speeding Merseyside
DIR By: ManxTom
Date: June 13, 2024, 3:44 pm
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--- Quote from: Steve link ---
>
>
HTML https://imgur.com/a/h6ukTJA
>
> Hopefully this works
>
--- End Quote ---
So it was a NIP after all.
Might be easier if you started again from the beginning, didn't
say that the letter you had received said the original had been
sent to the wrong address, and instead told us what the link to
the photographs actually said about the wrong address.
Best to get all your (or your partner's) information at your
fingertips before posting...
#Post#: 25934--------------------------------------------------
Re: Caught speeding Merseyside
DIR By: NewJudge
Date: June 14, 2024, 2:35 am
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There are two documents on those sheets of paper: one is the NIP
and the other is a request for driver's details. They are
subject to different legislation, particularly regarding
timescales. Whilst a NIP has to be served on either the driver
or the Registered Keeper within 14 days of the offence, the
request for driver's details does not. It has no time limit.
If they are addressed to your partner she needs to respond to
the request by providing the details of the person who was
driving at the relevant time within the 28 days allowed. Failure
to do so will see her commit a more serious offence which
carries six points.
Whoever was driving may have a defence to any speeding charge if
it can be shown that no NIP was served on either the driver or
the Registered Keeper within 14 days and if not, there was no
acceptable reason why not. You can perhaps tell us where this
"wrong address" idea came from when you find out. But meanwhile
the duty to respond remains.
The driver should be offered a course for that speed.
#Post#: 26027--------------------------------------------------
Re: Caught speeding Merseyside
DIR By: istone
Date: June 14, 2024, 11:07 am
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--- Quote from: Steve link ---
>
> I never typed it out, I somehow managed to highlight the text
from a picture and copy that. Seeing as I have no idea how to
reduce image size on an iPhone I thought it was the next best
thing.
>
> Long story short, this isn’t my fine. It’s my partners who I
am trying to help out but I’m currently away with work. I’m
relaying what she is telling me. I know the v5 is correct as
I’ve seen that. It is an NIP that she received through the post
on 10/06 but offence date is 11/05. Is there grounds to fight
this? By the sounds of it, Merseyside police messed up and
originally sent the NIP to the wrong address.
>
--- End Quote ---
Your partner would need to find out why the NIP was sent to the
wrong address. If the circumstances fit S2 RTOA 1988, then no
NIP is needed and the prosecution of the speeding offence can
continue without an NIP for your partner.
S1 may have been complied with if the Police National Computer
(PNC) had the wrong address on it. The RK address on PNC could
be different to that on your partner's V5 registration document.
If that is the case then S1 is satisfied and the NIP is
considered served...and if not then S2 applies anyway.
Your partner could hope that someone at the police has used the
wrong address, however, the address is transferred from DVLA to
PNC to the police via data links. Nobody at the police types
the address.
#Post#: 26374--------------------------------------------------
Re: Caught speeding Merseyside
DIR By: The Rookie
Date: June 17, 2024, 1:45 am
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--- Quote from: istone link ---
>
> The RK address on PNC could be different to that on your
partner's V5 registration document. If that is the case then S1
is satisfied and the NIP is considered served...and if not then
S2 applies anyway.
>
--- End Quote ---
Surely it's for a court to determine whether that was reasonable
or not, not you or I. And that would need far more facts as to
how/why that we have right now.
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