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#Post#: 8374--------------------------------------------------
[NIP Wizard] NIP - failure to comply - Leeds, Westgate
DIR By: annonomite
Date: October 25, 2023, 1:12 pm
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Hi all,
Any advice regarding recently received NIP. See details
generated from the old PePipoo NIC wizard below:
NIP Details and Circumstances
What is the name of the Constabulary? -[attachimg=1]
Date of the offence: - October 2023
Date of the NIP: - 4 days after the offence
Date you received the NIP: - 6 days after the offence
Location of offence (exact location as it appears on the NIP:
important): - Westgate J/W Park Square West, Leeds
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded
delivery? - First
If your are not the Registered Keeper, what is your relationship
to the vehicle? - n/a
How many current points do you have? - 0
Provide a description of events (if you know what happened)
telling us as much about the incident as possible - some things
that may seem trivial to you may be important, so don't leave
anything out. Please do not post personal details for obvious
reasons - Made a right turn at traffic lights which state no
right turns allowed. This location used to allow right turns
until fairly recent road changes.
NIP Wizard Responses
These were the responses used by the Wizard to arrive at its
recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your
name and address on the V5/V5C)? - Yes
Did the first NIP arrive within 14 days? - Yes
Although you are the Registered Keeper, were you also the keeper
of the vehicle concerned (the person normally responsible for
it) at the time of the alleged offence? - Yes
Were you driving? - Yes
Which country did the alleged offence take place in? - England
NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course
of action should be considered:
The law requires you to provide the information requested in the
Section 172 notice within the 28 day period, naming yourself as
the driver. If you are considering obtaining formal legal
advice, do so before returning the notice.
You should note that there is nothing to be gained by responding
any earlier than you have to at any stage of the process. You
are likely to receive a Conditional Offer of a Fixed Penalty
(COFP) and further reminder(s). If you want to continue the
fight, you should ignore all correspondence from the police
until you receive a summons. You need to understand from the
outset that while you will receive much help and support from
members on the forums, you will need to put time and effort into
fighting your case and ultimately be prepared to stand up in
court to defend yourself.
[attachment deleted by admin]
#Post#: 8375--------------------------------------------------
Re: [NIP Wizard] NIP - failure to comply - Leeds, Westgate
DIR By: Southpaw82
Date: October 25, 2023, 1:14 pm
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What sort of advice do you want?
The recipient of the s 172 notice has to name the driver. The
police will then decide what to do.
#Post#: 8393--------------------------------------------------
Re: [NIP Wizard] NIP - failure to comply - Leeds, Westgate
DIR By: The Rookie
Date: October 25, 2023, 3:14 pm
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Is the no right turn signage sufficient to ‘adequately convey’
the restriction?
#Post#: 8395--------------------------------------------------
Re: [NIP Wizard] NIP - failure to comply - Leeds, Westgate
DIR By: andy_foster
Date: October 25, 2023, 3:26 pm
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Is it an s. 36 offence, or a breach of some underlying
restriction?
#Post#: 8446--------------------------------------------------
Re: [NIP Wizard] NIP - failure to comply - Leeds, Westgate
DIR By: annonomite
Date: October 26, 2023, 6:42 am
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Unsure what offence reference it is. I'll go ahead and respond -
just wanted to be sure that was the first action I should take
before doing anything else regarding an NIP (if there was in
fact anything I could do). Thanks
#Post#: 8721--------------------------------------------------
Re: [NIP Wizard] NIP - failure to comply - Leeds, Westgate
DIR By: Colin_S
Date: October 30, 2023, 5:18 am
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If it's these lights -
HTML https://maps.app.goo.gl/yEuFbwdrFz7y5iQA9<br
/>- there was no right turn in place in 2008. The opposite
direction would be turning right into a no entry.
#Post#: 8773--------------------------------------------------
Re: [NIP Wizard] NIP - failure to comply - Leeds, Westgate
DIR By: 666
Date: October 30, 2023, 12:15 pm
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--- Quote from: annonomite link ---
>
> Unsure what offence reference it is.
>
--- End Quote ---
The NIP should specify the offence, including reference to the
relevant legislation.
#Post#: 9250--------------------------------------------------
Re: [NIP Wizard] NIP - failure to comply - Leeds, Westgate
DIR By: ivanleo
Date: November 4, 2023, 5:47 pm
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--- Quote from: andy_foster link ---
>
> Is it an s. 36 offence, or a breach of some underlying
restriction?
>
--- End Quote ---
No right turn is a breach of an TRO, those are not section 36
signs.
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