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#Post#: 47167--------------------------------------------------
NIP returned late and now SJP
DIR By: need-advice
Date: November 26, 2024, 3:21 pm
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I received an NIP from the Police, first one I missed, second
one I filled pit and sent and then the police sent another
letter saying they require more info, I got this letter about 4
days after the date it said on the letter, I filled this out a
few days after signed it and posted it. By the time I had posted
it, it had been over the seven days from the date on the letter.
All sent but now I have received a letter in the post from the
police saying due to an unsatisfactory response they are now
sending SJP and this is a notice of that, I assume this is
because they didn't receive the details.
Is there any way I can avoid the SJP or do I have a good chance
on winning if I go through with the SJP.
I appreciate any advice given.
#Post#: 47169--------------------------------------------------
Re: NIP returned late and now SJP
DIR By: NewJudge
Date: November 26, 2024, 3:52 pm
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If the SJPN has been issued you cannot avoid it.
You need to provide a bit more information if you want a more
comprehensive answer, such as a timeline of events and exactly
what each document/letter said (preferably post them up here
with personal details hidden).
#Post#: 47195--------------------------------------------------
Re: NIP returned late and now SJP
DIR By: The Slithy Tove
Date: November 27, 2024, 12:55 am
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--- Quote from: NewJudge link ---
>
> ... and exactly what each document/letter said.
>
--- End Quote ---
And what the response was to each. Seems they were not satisfied
with what they were told.
#Post#: 47196--------------------------------------------------
Re: NIP returned late and now SJP
DIR By: need-advice
Date: November 27, 2024, 2:00 am
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thank you for the reply. the first letter came informing me I
have 28 days to respond this slipped my mind and then the next
one came so I done that within the time limit.
next they requested more info of the driver at the time (the
flat number). Just a quick brief on this, someone had borrowed
the car of me for abit, but at the time of the offence he
mentioned someone else was driving at the time, so he provided
me the info but not the flat room number which the police sent
another letter for this flat room number.
The date the letter came was 4 days after the date stated in the
letter, I also took a few more days to send this off because I
was trying to get the information but this took some time. In
total from the date of the letter to when I sent it was 11 days,
the date I signed on the letter was 9 days. I posted it 2 days
after me filling it out.
now the latest letter has come through 25.11.2024
the offence occurred on the 14/09/2024
I have attached the pictures, I couldn't find a picture of the
second one.
[attachment deleted by admin]
#Post#: 47197--------------------------------------------------
Re: NIP returned late and now SJP
DIR By: need-advice
Date: November 27, 2024, 2:03 am
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Third letter
[attachment deleted by admin]
#Post#: 47198--------------------------------------------------
Re: NIP returned late and now SJP
DIR By: need-advice
Date: November 27, 2024, 2:04 am
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Latest letter
[attachment deleted by admin]
#Post#: 47199--------------------------------------------------
Re: NIP returned late and now SJP
DIR By: 666
Date: November 27, 2024, 2:14 am
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OP, the latest letter says you will "shortly" receive an SJPN.
The police have in fact six months (from the offence date) to
issue that, and usually take most of that time.
Before that happens, you may find the police contact you to
enquire whether the driver (who borrowed the car from the person
who borrowed it from you) was insured to drive it.
#Post#: 47207--------------------------------------------------
Re: NIP returned late and now SJP
DIR By: The Slithy Tove
Date: November 27, 2024, 3:15 am
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--- Quote from: need-advice link ---
> Someone had borrowed the car of me for a bit, but at the time
of the offence he mentioned someone else was driving at the time
>
--- End Quote ---
Was this "someone" insured to drive your car? You should have
just named that first "someone", after which is was up to them
to name the "someone else". And if the "someone else" was not
insured, and didn't have your express permission or even
knowledge that they were doing this, it becomes a TWOC (on their
part) rather then you permitting to drive uninsured. I'm not
sure there's a lot you can do right now apart from wait to see
what their next move is. And to be really clear yourself about
the relationship between you and these "someones".
#Post#: 47215--------------------------------------------------
Re: NIP returned late and now SJP
DIR By: andy_foster
Date: November 27, 2024, 3:58 am
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Ignoring the question of whether the information provided was
true, you committed the s. 172 offence when the 28 days
beginning with the date of service of the NIP you forgot about
expired.
Whilst there is no statutory provision for the police to provide
a specified extension to the 28 days, if you satisfied their
requirements within the specified extension, they would have
accepted that and not prosecuted you for missing the statutory
time limit. You didn't, and on the face of it have no defence.
The offence is not providing the information within the original
28 days. Everything beyond that is essentially noise.
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