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#Post#: 37876--------------------------------------------------
NIP returned by Post office
DIR By: GCM
Date: September 22, 2024, 3:28 pm
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Hello,
I recently received a NIP for doing 58 in a 50. The offense was
on 1/07 and the letter was dated 03/07. Unfortunately the NIP
came after I was on holiday (05/07 to 21/07). I sent the NIP on
22/07 with my details as the driver at that time.
I didn't hear anything until 20/09 when I received an envelope
from Royal Mail with the NIP and envelope I had enclosed it in
stating that it has been returned because I had used an old
stamp. I have attached the envelope image here for reference -
HTML https://ibb.co/3WB87g2
Obviously the 28 day limit has exceeded. What are my next steps?
The returned envelope shows a stamp dated 24/07 which proves I
sent the NIP in time. Who should I talk to?
Thank you for your assistance.
#Post#: 37879--------------------------------------------------
Re: NIP returned by Post office
DIR By: Southpaw82
Date: September 22, 2024, 3:55 pm
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Who do you think you should talk to?
You were served with a s 172 notice to name the driver. You
haven’t done so. You’re turning a course into six points.
#Post#: 37881--------------------------------------------------
Re: NIP returned by Post office
DIR By: GCM
Date: September 22, 2024, 4:08 pm
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My first thought was to contact Essex Police via email or the
telephone on the NIP and try to explain that the NIP was
returned. Is that the best course of action?
#Post#: 37882--------------------------------------------------
Re: NIP returned by Post office
DIR By: andy_foster
Date: September 22, 2024, 4:10 pm
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Yes. Phone.
#Post#: 37884--------------------------------------------------
Re: NIP returned by Post office
DIR By: Southpaw82
Date: September 22, 2024, 4:12 pm
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At the moment, you’ve not complied with the s 172 notice. You’re
almost two months out of time to do so. You could do nothing and
wait to get prosecuted for the s 172 offence or you could do
everything you can to provide your details, albeit late, to try
to get a course (if eligible) or a fixed penalty (if not).
Phoning the police and explaining what you’re doing might be a
good idea.
#Post#: 37891--------------------------------------------------
Re: NIP returned by Post office
DIR By: andy_foster
Date: September 22, 2024, 4:32 pm
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Technically, if it was not reasonably practicable to provide the
information within the 28 days, it is a defence to do so as soon
as is reasonably practicable afterwards.
To some people it was common knowledge that the post office
reneged on non-barcoded stamps. The first I heard of it when the
first time I saw a case of an s. 172 response not being
delivered because the post office refused to honour a stamp
bought legally and used in good faith (not that I have an
opinion on the post office's action).
If the police will accept a late nomination it won't be an
issue. If they will still offer a course, even better,
Personally, I would be minded to try to speak to the police
(Fixed Penalty Support Unit/Central Ticket Office/whatever)
before re-sending the response. If they are being helpful, they
would usually put a note on the file, but they might suggest
sending a note with the response. If you are having massive
difficulty in speaking to someone, I would not delay re-sending
unduly though.
#Post#: 37893--------------------------------------------------
Re: NIP returned by Post office
DIR By: GCM
Date: September 22, 2024, 4:48 pm
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Thank you so much for the advise. I will call them first thing
tomorrow. I will update you of the outcome.
#Post#: 37963--------------------------------------------------
Re: NIP returned by Post office
DIR By: GCM
Date: September 23, 2024, 1:11 pm
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UPDATE: I called the police and they have asked me to resend the
NIP, saying I still have time?! Not sure what they meant but its
a common thing that they are coming up with recently.
The person I talked to said the delay will not affect the
outcome!
Keep you posted.
#Post#: 37965--------------------------------------------------
Re: NIP returned by Post office
DIR By: andy_foster
Date: September 23, 2024, 1:28 pm
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2 issues -
whilst the legal requirement is to provide the information
within 27 days (28 day beginning with...), subject to the
statutory defence, they police are often happy to accept a late
response if the case isn't close to timing out (6 months from
offence) and if the respondent is admitting to being the driver,
and
courses are generally only offered if the response admitting to
being the driver is received/processed within 3 months of the
offence and requiring that the course be completed within 4
months.
#Post#: 38044--------------------------------------------------
Re: NIP returned by Post office
DIR By: ManxTom
Date: September 24, 2024, 8:00 am
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[member=2812]GCM[/member] - if you haven't already sent it it
might be a good idea to attach a letter explaining that you
spoke to [name of person] at [hh:mm] on [dd/mm/yyyy] and that
they told you to return the NIP late and that they had said this
was OK.
Keep copies and - if possible - get proof of posting from a Post
Office counter
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