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[STEMO]

Yep fair play to Uncle STEMO! 

Personally I'd be looking at all the loopholes and ways to wriggle out of it, but then I'm not as manly as STEMO!     

No. You can't even evict a pissed-up girlie.

Won't need to if she goes to prison

Oh yes he will. Even if it's just on paper, without the physical kick up the arse.

[STEMO]

And even then, she could fight it if she chose to.

[05omegav6]

And even then, she could fight it if she chose to.

Paying the rent with no income could be Interesting fun...

If Sir Tigger is game...

[STEMO]

And even then, she could fight it if she chose to.

Paying the rent with no income could be Interesting fun...

If Sir Tigger is game...

It's just not that simple....people have rights.

[STEMO]

http://england.shelter.org.uk/get_advice/prisoners/keeping_your_home_when_in_prison

[Sir Tigger KC]

I don't think it will come to court action to be honest.  Well hopefully not anyway...

[Kevin Wood]

And even then, she could fight it if she chose to.

Paying the rent with no income could be Interesting fun...

If Sir Tigger is game...

It's just not that simple....people have rights.

A right not to be mown down by pi$$ed up stupid tarts behind the wheel, for a start.

[05omegav6]

And even then, she could fight it if she chose to.

Paying the rent with no income could be Interesting fun...

If Sir Tigger is game...

It's just not that simple....people have rights.

That's not quite what I meant

[Nick W]

And even then, she could fight it if she chose to.

Paying the rent with no income could be Interesting fun...

If Sir Tigger is game...

It's just not that simple....people have rights.

A right not to be mown down by pi$$ed up stupid tarts behind the wheel, for a start.

I think you'll find that morons have the right to behave like oppswits all the time. Keeping out of their way is entirely your responsibility.

[Crazycarzowner]

Whoaaaa. If the letter/NIP is addressed to your wife and it was you driving, then SHE must fill it in nominating you as the driver. The rozzers will then send YOU your own NIP with your name on it. You cannot use her form to claim you were driving.

She has 28 days to respond and supply all the requested information - in this case by nominating the driver (i.e. You). Normal Pepipoo advice is to wait until about day 25 to respond. Take it to a Post Office, pay for a 1st class stamp, and get proof of posting and keep it. Do not miss the 28 day deadline.

Never heard of pepicrap though 

You wait 25 days because the rozzers have several time deadlines that they have to meet in order to be able to successfully prosecute you.

The first deadline is that they have to serve the NIP on the registered keeper (RK) within 14 days of the date of the offense. They get the RK details from DVLA. However, where there has been a recent change of keeper things can get tricky. They might have served the notice on the previous owner, or the dealer. In either case, the dealer/previous owner would have nominated your wife, and then the rozzers wrote to her.  Or if the DVLA details had been updated promptly, then your wife may have the first to receive a NIP.

So basically, what was the date of the offense, what is the date on the NIP, and on what date did she receive the NIP? Also what sort of postage was on the envelope - 1st class?

The next deadline is that papers have to be laid before the courts within 6 months of the date of an offense for a crime to be tried by magistrates. So suppose they issued  NIP #1 to the original owner (2 weeks) who replied promptly (1 week) saying I sold the car to "Arfur Daley Motors inc". The scamera pratnership take a week to send NIP #2 to "Arfur Daley Motors inc", who promptly reply (1 week) nominating your wife. So we're now 5 weeks into the 6 months (26 weeks).

The scamera pratnership take a week to send a NIP #3 to your wife. Your wife then has 4 weeks to reply which she takes. So we're now 10 weeks in.

The scamera pratnership take a week to send a NIP #4 to you. You then have 4 weeks to reply grassing yourself up, which you take. So we're now 15 weeks in.

The scamera pratnership take a week to send a CoFP/Course to you. You then have 4 weeks to reply, which you take. So we're now 20 weeks in.

There are an awful lot of ifs and buts, but by doing the above you are giving the scamera pratnership every opportunity to screw up. It only take a week or too here and there for them to run out of time to lay the papers - and you are doing nothing wrong.

Its good, but there is a glaring hole in your case for the defence 


One which I'll keep to myself and have used many a time when this happens 

[05omegav6]

Failure to notify or being deliberately obstructive could see both the registered keeper and driver getting points regardless.

Notwithstanding that the mere issuing of the NIP constitutes notification... ie they are automatically generated and posted The onus is on the receiver to prove that they never received it.

[LC0112G]

Failure to notify or being deliberately obstructive could see both the registered keeper and driver getting points regardless.

I fully agree. However the law allows you 28 days to respond to a postal NIP/S172, so taking 25 days to comply cannot be construed as obstructive. I suspect what Jason is being coy about is a verbal S172 where you don't get 28 days - and you might not even get 28 minutes to respond.

Notwithstanding that the mere issuing of the NIP constitutes notification... ie they are automatically generated and posted The onus is on the receiver to prove that they never received it.

Not strictly true - it's called a rebuttal presumption but I agree the effect is that you have to have some pretty good evidence as to why it never arrived (in time).

As for automatically generated - well someone is supposed to review the photos and not just issue NIP's willy-nilly  . And someone has to enter the details from the NIP responses so that new NIP's are issued to the nominated person.  There is no requirement to use the form they supply, [Jones v DPP [2004] EWHC 236 (Admin), CO/5123/2003 May L J.. Nelson J.] so someone might have to read the multi-page letter supplying all the information requested by the chief of police.

However, I doubt it's a good idea to pi55 of the SCP and mark yourself as a trouble maker if you're hoping for a timeout.

[Crazycarzowner]

Failure to notify or being deliberately obstructive could see both the registered keeper and driver getting points regardless.

I fully agree. However the law allows you 28 days to respond to a postal NIP/S172, so taking 25 days to comply cannot be construed as obstructive. I suspect what Jason is being coy about is a verbal S172 where you don't get 28 days - and you might not even get 28 minutes to respond.

Notwithstanding that the mere issuing of the NIP constitutes notification... ie they are automatically generated and posted The onus is on the receiver to prove that they never received it.

Not strictly true - it's called a rebuttal presumption but I agree the effect is that you have to have some pretty good evidence as to why it never arrived (in time).

As for automatically generated - well someone is supposed to review the photos and not just issue NIP's willy-nilly  . And someone has to enter the details from the NIP responses so that new NIP's are issued to the nominated person.  There is no requirement to use the form they supply, [Jones v DPP [2004] EWHC 236 (Admin), CO/5123/2003 May L J.. Nelson J.] so someone might have to read the multi-page letter supplying all the information requested by the chief of police.

However, I doubt it's a good idea to pi55 of the SCP and mark yourself as a trouble maker if you're hoping for a timeout.

Nope not what I was on about at all. Thing I'm on about is more common sense approach than anything. I've done people for speeding on several occasions well after 6 months have gone by. The last one was 13 months.

[aaronjb]

Nope not what I was on about at all. Thing I'm on about is more common sense approach than anything. I've done people for speeding on several occasions well after 6 months have gone by. The last one was 13 months.

It took you that long to find a working BMW to catch up with them? 

[Lazydocker]

Nope not what I was on about at all. Thing I'm on about is more common sense approach than anything. I've done people for speeding on several occasions well after 6 months have gone by. The last one was 13 months.

It took you that long to find a working BMW to catch up with them? 

Nope... Took him that long to grab the Volvo keys