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daivaj

Have received 2nd NIP from Police as original one was wrongly addressed !!

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I received an NIP in late August early September for doing 36 mph in a 30 mph zone in July,got flashed by van.

 

I admit that it was my fault and completed the document accordingly giving all of the required information and posted the form back to the relevant authority awaiting to hear what my punishment would be:|.

 

I heard nothing until receiving a letter from the authority yesterday with my name incorrectly stated, requesting that I complete another NIP due to the fact that the original NIP was addressed to my company name as I operate from home as a sameday courier and my vehicle is leased.

 

The covering letter from them states as follows:

'Thank you for returning the completed combined Notice of Intended Prosecution/Request for driver identity in response to the request by Sussex Police to supply information under section 172 of the Road Traffic Act 1988.

 

Unfortunately you have completed the form in a way that does not satisfy the lawful request for information made by Sussex police.

 

The reason for this is that the document was not addressed to you personally i.e. it was addressed to another person or a company.

 

 

The person or company are required to nominate the driver at the time of the offence and then return the document back to Sussex police.

 

On receipt of the combined Notice of Intended Prosecution/Request for driver identity,this office would send a request personally addressed to you as the driver,which must then be completed and returned.

 

Therefore please find enclosed a new document now in your name,which you are required to complete and return within the specified period.'

 

My point is that they admit to already having all my details on the original NIP form which I completed in good faith,it is not my fault that their letter was incorrectly addressed and I have never been in this situation before.

 

I am inclined to return this 2nd NIP incompleted with a covering letter explaining my position as I fail to see why I should complete same again due to their incompetence.

 

As I said they already have my details which I have fully disclosed so how can they accuse me of committing the offence of non disclosure if I return the 2nd NIP blank ??

 

Any advice/opinions would be greatly appreciated:-D

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Did you sign the first S172 notification as an officer of the company?

It appears from your reply that one possibility is that they are rejecting it as you signed it as an individual, not in your company capacity.

 

Another possibility (if you completed the first as an officer of the company) is that they are now writing to you as the nominated driver.

 

Either way, not completing the form will be a good way of getting prosecuted for a more costly offence than taking a few points and a fine for speeding.

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My point is that they admit to already having all my details on the original NIP form which I completed in good faith,it is not my fault that their letter was incorrectly addressed and I have never been in this situation before

 

 

As I said they already have my details which I have fully disclosed so how can they accuse me of committing the offence

 

As above, a s.172 form is required to be completed by the addressee, if that is a company, the reply needs to be 'on behalf of the company'. In your case it appears that 'the company' did not reply.

You have now received a s.172 form addressed to you, so you need to complete and return it.

 

Technically, 'the company' have committed the offence of failing to nominate the driver.

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Ok thanks for your advice,hopefully I will get a speed awareness course option as my first offence:pray2:

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