Author Topic: Unsigned NIP in Scotland  (Read 1169 times)

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Unsigned NIP in Scotland
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I've been looking for pedipoo as I used that back in 2018 with success doing the unsigned NIP in Scotland. It seems it's now gone and this is the go to for such topics.

I'm planning to repeat what I did in 2018 but just want to make sure I'm doing everything in the correct order.

Date of Offence: 18/06/25
Date of Issue: 16/07/25
(I believe this delay is related to me forgetting to update my V5 and tax then I moved address)

I filled in the NIP but returned it unsigned within 28 days, I then received it back with the signature and date area highlighted, dated 13/08/25 requesting for it to be signed and dated. I planned to wait 28 days again and send it again but I have since received another.

Date of Issue 18/08/25
Date of Offence: 18/06/25  (same offence)

Informing me the 28 days has now elapsed and no response has been received bu the office. (untrue due to the other letter dated 13/08/25) and requesting I return and sign the new NIP IMMEDIATELY.

Should I wait 28 days as planned and resend the previous or should I respond with the new one at once?

I am expecting to have a knock at the door which I intend to ignore but just trying to spin it out as long as possible as I believe after 6 months I should be clear?

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Re: Unsigned NIP in Scotland
« Reply #1 on: »
Don't know, don't care.

This is not a precise process. The advantage of stringing them along is the possibility of timing out the offence - them continuing this silly dance until it is too late to instigate court proceedings. Clearly not going to happen.

The fact that you have received a reminder out of the sequence you were expecting at most means that court proceedings might be instigated sooner than you were expecting, or that the polis might start lurking in your garden sooner than you were expecting.

Case law (Scottish) tells us that (for the purposes of instigating proceedings at least) there is only one s. 172 offence committed (if it is committed at all), and that is committed at the expiration of the original 28 days. Subsequent reminders are nothing more than a kind offer to "undo" the offence by complying with the requirements out of time.

The fact that the template letter says "no response", rather than "no acceptable response" is neither here nor there - beyond showing the level of diligence and intelligence being expended upon this matter.

The 6 months for any s. 172 offence is committed at the expiration of the 27 days from (28 days beginning with) the date of service of the original notice to that person (which in E&W is deemed to be 2 working days after posting).

Where your case potentially differs from the standard unsigned case in Scotland, is that you [presumably] utterly failed to respond to the original notice sent to your previous address. If they were to expend any diligence or intelligence on this case, that would seem to be a slam dunk easy win for them if it were to go to contested trial. In E&W it could be argued that prosecuting for the original failure if a subsequent reminder was complied with would be an abuse of process. However, this would leave the question of whether incomplete compliance with the stated requirement was sufficient to render the prosecution an abuse, and as I understand it, abuse of process isn't a thing north of the border.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

Re: Unsigned NIP in Scotland
« Reply #2 on: »
I think a lot depends on what happened in the four weeks before you received your NIP.

If the police served a NIP and a s172  request on you at your last known address (which you failed to update) they have done all they need to do. There is no requirement for them to send reminders or to trace where you now live. They can prosecute you for failing to respond to that s172 request and you have no defence to it.

As Andy says, whether the police will be intelligent enough to realise that what has happened since the original 28 days expired is really irrelevant, is a chance you will have to take. But if they sent a s172 request to your last known address and you did not respond to it in time, you had already committed the offence by the time you received their reminder (or roughly by then).

You will have to rely on them believing that the second request (to which you responded -  in their view -  improperly) is the one which matters. And it isn't.
« Last Edit: August 23, 2025, 10:57:40 am by NewJudge »

Re: Unsigned NIP in Scotland
« Reply #3 on: »
Thanks for taking time to respond.

Ahhh, I never thought about the first NIP.  :-\

So does that mean I have messed it up? or does the same formula "work" in theory?

Is there no point in me returning any more of these unsigned then?
« Last Edit: August 23, 2025, 03:20:44 pm by star-zone-20 »

Re: Unsigned NIP in Scotland
« Reply #4 on: »
You've got to ask yourself one question: 'Do I feel lucky?' Well, do ya, punk?

If they treat it as a simple unsigned case, they will probably d*ck you around as much as they can until the start of the trial and then drop the case if you don't blink first. If they pick up on the fact that the first notice sent to your last known address as RK was not responded to, not so much.

The only advantage I can see in playing the merry dance of returning each reminder unsigned, is the possibility that their system links the s. 172 offence date to the date of the first notice sent to your current address, and the actual s. 172 offence times out - which would seem unlikely as they tend to dual charge with with speeding offence which would time out a month or more earlier.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.