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#Post#: 71166--------------------------------------------------
Incorrect NIP
DIR By: dillon200
Date: May 13, 2025, 12:46 am
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Hi Guys, I'll make this quick. I have just received a NIP for
speeding in a company vehicle. The NIP is all correct except it
has the wrong Name on it, The right address but a totally
different surname.
It says "This notice should only be actioned by the person named
above" and that not me.
What should I do please.
#Post#: 71177--------------------------------------------------
Re: Incorrect NIP
DIR By: The Slithy Tove
Date: May 13, 2025, 2:55 am
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There's "quick", and there's "lacking sufficient information".
Is this the first notice regarding the alleged offence, or has
an NIP been sent to the company and then they have named you (or
someone else)? What I am asking is, has your company messed up
and got the name of the driver wrong, even though the address is
yours?
#Post#: 71178--------------------------------------------------
Re: Incorrect NIP
DIR By: disgruntchelt
Date: May 13, 2025, 2:56 am
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I suspect your employer put the wrong surname on the s172 they
filled in.
By doing nothing, the police are likely to issue a SJPN to mr
wrong surname for speeding and FTF in about 5 months time. At
that point replying no such person at your address should see
you in the clear.
The company could be prosecuted and fined for filling in the
S172 wrongly.
Of course in the meantime they might go back to your employer
when they get no response and if the incorrect name gets spotted
you might get a new S172 request but no longer be in time to be
able to take a course or COFP.
#Post#: 71251--------------------------------------------------
Re: Incorrect NIP
DIR By: dillon200
Date: May 13, 2025, 7:42 am
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--- Quote from: The Slithy Tove link ---
>
> There's "quick", and there's "lacking sufficient information".
>
> Is this the first notice regarding the alleged offence, or has
an NIP been sent to the company and then they have named you (or
someone else)? What I am asking is, has your company messed up
and got the name of the driver wrong, even though the address is
yours?
>
--- End Quote ---
Ok I dont really know the answer to that But I am guessing that
the police have contacted the company who would have given them
the driver details. Weather the company have supplied the wrong
surname or weather the police have read it wrong I could not
say. I am wondering if the company also supplied my licence
details in which case the fault would lie with the police.
I am only an agency driver and have been with this company for a
couple of years, its a great job and I wouldn't want to
jeopardise it.
#Post#: 71253--------------------------------------------------
Re: Incorrect NIP
DIR By: dillon200
Date: May 13, 2025, 7:48 am
---------------------------------------------------------
--- Quote from: disgruntchelt link ---
>
> I suspect your employer put the wrong surname on the s172 they
filled in.
>
> By doing nothing, the police are likely to issue a SJPN to mr
wrong surname for speeding and FTF in about 5 months time. At
that point replying no such person at your address should see
you in the clear.
>
> The company could be prosecuted and fined for filling in the
S172 wrongly.
>
> Of course in the meantime they might go back to your employer
when they get no response and if the incorrect name gets spotted
you might get a new S172 request but no longer be in time to be
able to take a course or COFP.
>
--- End Quote ---
I see, so is there a time limit for them to take action, I know
the NIP has to be issued in 14days which it was but is there
another time limit.
The question still is, Do I just ignore this for now or do I
reply saying not known at this address ?
#Post#: 71259--------------------------------------------------
Re: Incorrect NIP
DIR By: 666
Date: May 13, 2025, 8:07 am
---------------------------------------------------------
--- Quote from: dillon200 link ---
>
> [quote author=disgruntchelt link=topic=6310.msg71178#msg71178
date=1747122966]
> I suspect your employer put the wrong surname on the s172 they
filled in.
>
> By doing nothing, the police are likely to issue a SJPN to mr
wrong surname for speeding and FTF in about 5 months time. At
that point replying no such person at your address should see
you in the clear.
>
> The company could be prosecuted and fined for filling in the
S172 wrongly.
>
> Of course in the meantime they might go back to your employer
when they get no response and if the incorrect name gets spotted
you might get a new S172 request but no longer be in time to be
able to take a course or COFP.
>
--- End Quote ---
I see, so is there a time limit for them to take action, I know
the NIP has to be issued in 14days which it was but is there
another time limit.
The question still is, Do I just ignore this for now or do I
reply saying not known at this address ?
[/quote]
Neither. It will catch up with you eventually, and the longer it
takes the less chance there will be of your being offered a
course or fixed penalty. The only alternative - court - is best
avoided, if only to save money.
The only relevant time limit is six months (from the offence
date) for the police to begin court action
#Post#: 71261--------------------------------------------------
Re: Incorrect NIP
DIR By: JustLoveCars
Date: May 13, 2025, 8:15 am
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--- Quote from: dillon200 link ---
>
> The question still is, Do I just ignore this for now or do I
reply saying not known at this address ?
>
--- End Quote ---
Did your employer let you know about the offence when they
received the NIP?
#Post#: 71264--------------------------------------------------
Re: Incorrect NIP
DIR By: andy_foster
Date: May 13, 2025, 8:17 am
---------------------------------------------------------
There are potentially 2 separate issues regarding the NIP - the
warning given that the driver might be prosecuted, and the
requirement to name the driver under s. 172 RTA 1988.
The requirement to give a warning is that (for the purposes of
this thread at least) a NIP must be served on either the driver
or the RK within 14 days of the date of the alleged offence.
That was either complied with when the first NIP was sent to the
RK, or it wasn't. There is no subsequent requirements for
further NIPs (for the purposes of warning that the driver might
be prosecuted), and strangely enough, no defence from any
failure to serve a subsequent NIP that is not required anyway.
So, unless this gets close to timing out (6 months from the date
of the offence to instigate court proceedings), they can send
out what they like when they like.
The actually relevant issue, is the purported requirement to
name the driver under s. 172 RTA 1988. The legal requirement to
do so is triggered by service of a notice addressed to the
addressee. If there was some relatively minor discrepancy with
your name, and it was delivered, the consensus is that it would
have been lawfully served. When it is a completely different
name, I would suggest that that is not the case.
Whether this will blow up in yours or your employers' face is
anyone's guess - unless you were to take mind altering drugs and
come up with an idea beyond rational comprehension, like asking
your employer what information they provided.
As regards what you should do next - contact them or ignore -
what you should do is refrain from asking stupid questions.
We can, and have told you what the options and possibilities
are. It's up to you to decide which path to take.
#Post#: 71282--------------------------------------------------
Re: Incorrect NIP
DIR By: The Slithy Tove
Date: May 13, 2025, 9:05 am
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--- Quote from: dillon200 link ---
> ... or do I reply saying not known at this address ?
--- End Quote ---
That approach will certainly raise suspicions with the police.
It's a common ruse people use to try to escape justice, so
they're likely to take it further. That may be to nudge the
previous recipient of a S.172, i.e. the employer, that they "may
be mistaken" in their nomination and to try again, which may
make them correct it and supply the right name. Or maybe not.
Playing any kind of silly-b*****s increases the chances of it
all going pear-shaped and ending up a lot worse.
#Post#: 71287--------------------------------------------------
Re: Incorrect NIP
DIR By: disgruntchelt
Date: May 13, 2025, 9:21 am
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How many points do you already have?
When did you pass your test?
What was the speed?
What date was the offence?
How risk adverse are you? Would you prefer to pay £100 and give
up an afternoon/pay £100 and get 3 points on your licence, or
would you like to take a chance and hope it times out?
Answer these and we can then talk through the possible courses
of action.
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