NIP not received genuinely - help

banksider

My wife drove our car in December 2024 and was caught overspeeding. I received a NIP in January from Northamptonshire police and returned it naming my wife as the driver. They deducted points from her and a fine. 

Somewhere in July 2025, I got a summon to court for not responding to a NIP from West Mindlands Police. You could imagine the strangeness of it. It turned out she oversped within Northamptonshire and West Midlands on the same journey. I wrote to say I didn't receive any NIP from West Midlands police, telling them I would have named the driver as I did with Northamptonshire Police. No luck. They are proceeding to take me to court. Unbelievable, and I don't know what to do. 

Where I live, as I think is common elsewhere, you could get letters through your box meant for someone else. If you didn't bother to hand them over, they would never receive them. In fact, I have two letters with me right now meant for my neighbours. I hope I can show them in court to support what looks like mere claim of "I didn't receive it" when indeed I didn't receive the NIP. In fact, I would have advised my wife to fight the two NIPs as part of the same journey. 

Car_54

banksider said:

In fact, I would have advised my wife to fight the two NIPs as part of the same journey. 

That might not have been good advice. They would have to have been on the same stretch of road (same limit), not just the same journey.

Okell

Who is the Registered Keeper of the car?  Presumably it's you?

Have they supplied you with a copy of the original NIP and was it correctly addressed to the RK?

Not that it matters if your wife was the driver, but for clarity what are you charged with?

Your only possible defence would be to show that it was not "reasonably practicable" for you to reply to the request to name the driver.  The police will be able to prove that a NIP was sent to you on such and such a date and there is a statutory presumption that it would have been delivered to you two days later.

You would have to prove that you did not receive it to be able to show that it wasn't reasonably practicable for you to reply.  What evidene do you have of mail frequently going astray? 

banksider

Thank you. I am the registered keeper. They have provided a copy of a NIP letter in an evidence pack bearing my name and address correctly.  Someone says they printed it and posted it, though no evidence they actually posted it (stamp, envelope,...), likely that doesn't matter once they say they posted it. 

It is extremely unfair because I can't prove I did not receive it. The presumption they posted it by their say so and I received it is really unfair in my situation. I have on quite a few occasions received letters meant for my neighbours as I live in a block of flats, and I have an example right now with letters meant for others put through my letter box. But how does that even help that in my particular case that happened? 

I feel the circumstances should be weighted beyond the presumption for through justice to be done. I disclosed who the driver was to one police force when they served me their NIP. Why would I not disclose who the driver was to another police force when the overspeeding was by same driver on the same journey?  Would be extremely foolish.  

banksider

Just to add that they charged me with both failing to disclose who the driver was and for overspeeding. I pleaded not guilty to both. 

Mildly_Miffed

Car_54 said:

banksider said:

In fact, I would have advised my wife to fight the two NIPs as part of the same journey. 

That might not have been good advice. They would have to have been on the same stretch of road (same limit), not just the same journey.

Not *necessarily*.

So long as there were no limit changes, and her average between the two points was considerably above the prevailing limit, she could argue that two offences a distance apart were actually the same offence.

Although I'd agree it's terrible advice...

Your only choice now is to plead guilty to both, and to reply to the court and state your defences.

For the failure to provide, your defence is that you didn't receive the s172 request to identify the driver. That's it. No more, no less. It happens, and the courts know this.

For the speeding, your defence is that your wife was driving, not you. That's it. No more, no less.

The other offence s172 which DID arrive, and the penalty arising from it, is completely irrelevant for the purposes of s172 nomination.

Keep_pedalling

You should got to the FTLA forum for advice they are the specialist on criminal motoring offences. Don't post until you have read the Read First thread.

https://www.ftla.uk/speeding-and-other-criminal-offences/

banksider

Thank you all for your insights. I will let you know how it goes. 

TooManyPoints

It is extremely unfair because I can't prove I did not receive it. The presumption they posted it by their say so and I received it is really unfair in my situation.

Unfortunately moaning about the unfairness of it all will not help. You need to deal with it as it is, not as you think it ought to be. Okell has correctly explained the legal position.

The presumption that you received it is not made by the police. It is enshrined in law (Interpretation Act, 1978, Section 7)

Why would I not disclose who the driver was to another police force when the overspeeding was by same driver on the same journey?  Would be extremely foolish.

It would be had you received the request. But you didn't. This may help convince the court if you can produce some other evidence or conversely it might make them think that having been caught once, your wife did not fancy another three points..

Just to add that they charged me with both failing to disclose who the driver was and for overspeeding. I pleaded not guilty to both. 

That is standard procedure. In the event you were driving, the standard process is to offer to plead guilty to speeding on the condition the "Fail to Provide Driver's Details" charge is dropped. Unfortunately you cannot do that as you were not the driver. Your only option if you want to defend the matter is to convince the court you did not receive the request.

You should beware of the consequences of pleading NG. A guilty plea will see you fined a week's net income, a surcharge of 40% of that fine and costs of around £90. Being found guilty following  trial will see the fine increased to 1.5 week's net income, the same 40% surcharge, but costs could be as much as £650. Either result will see six points and an endorsement code (MS90) which will see your insurance premiums rocket for up to five years. Doubling in the first year is not unusual.

Okell

Mildly_Miffed said:

Car_54 said:

banksider said:

In fact, I would have advised my wife to fight the two NIPs as part of the same journey. 

That might not have been good advice. They would have to have been on the same stretch of road (same limit), not just the same journey.

... Your only choice now is to plead guilty to both, and to reply to the court and state your defences.

For the failure to provide, your defence is that you didn't receive the s172 request to identify the driver. That's it. No more, no less. It happens, and the courts know this.

For the speeding, your defence is that your wife was driving, not you. That's it. No more, no less...

That's rather contradictory...

And the OP has already pleaded not guilty to both

TooManyPoints

Unless he is foolish enough to plead guilty to it, the speeding charge is a non-runner and the prosecution will offer no evidence.