Looking for advice - No NIP but now reminder
Discussion
Hi - I am looking for advice.
In August (2014) my partner came home and said she'd driven past a SCP van, but wasn't sure of her speed. I said we'd know either way within 2 weeks. So we diligently inspected the post for an NIP over the next 2 weeks, and nothing arrived.
Last week (I've been away), a reminder arrived giving 2 weeks to 'fess up, or there will be court proceedings. My partner isn't exactly sure how she came to be in the area indicated in the reminder, and it doesn't state the speed she was driving (30 area).
We are both quite clear than no NIP arrived within 2 weeks.
What should we do. TIA.
In August (2014) my partner came home and said she'd driven past a SCP van, but wasn't sure of her speed. I said we'd know either way within 2 weeks. So we diligently inspected the post for an NIP over the next 2 weeks, and nothing arrived.
Last week (I've been away), a reminder arrived giving 2 weeks to 'fess up, or there will be court proceedings. My partner isn't exactly sure how she came to be in the area indicated in the reminder, and it doesn't state the speed she was driving (30 area).
We are both quite clear than no NIP arrived within 2 weeks.
What should we do. TIA.
TooMany2cvs said:
Get in contact with them ASAP, explain that you didn't get the NIP and this is the first you've heard.
Then, given that it sounds like it is legit, accept the NIP or course.
How does someone "accept the NIP"? I genuinely have no idea what you mean by this.Then, given that it sounds like it is legit, accept the NIP or course.
Putting aside the section 1 notice for a moment, there is no time limit for a request for driver details (section 172).
MG Ant said:
It was 28th August.
The car is owned and keepered by my other half.
Your partner had better respond naming the driver in a very timely fashion, as they are requesting - 6 points and an MS90 endorsement won't be looked upon favourably by her insurers for the next 5 years, and a fine in the region of £500 plus costs plus victim surcharge won't be pleasant in the short term either...The car is owned and keepered by my other half.
There's no reason to prevaricate over who the driver might have been or where the alleged speeding happened - my reading of the original posts says that we know what happened where and who was driving at the time
. Now then, convincing the authorities that the original S.172 request (to name the driver) was never received... What is the "Docref date" on the V5C as a starter for ten? Also, has the registered keeper moved house and/or changed the address on the vehicle's V5C since, ooh, mid-July?
1) Should she respond to the s. 172 request for driver information?
Absolutely yes, a.s.a.p. and preferably by Signed For post.
2) Would a prosecution / fixed penalty offer be valid for the speeding offence?
See RTOA 1988 - unless a section 2 exception applies then only if the section 1 requirements have been met.
Someone mentioned a fixed penalty. Have we ascertained that a speed awareness course isn't on offer, her licence has 8 or fewer points endorsed on it or that the speed alleged is within the range for a fixed penalty?
Absolutely yes, a.s.a.p. and preferably by Signed For post.
2) Would a prosecution / fixed penalty offer be valid for the speeding offence?
See RTOA 1988 - unless a section 2 exception applies then only if the section 1 requirements have been met.
Someone mentioned a fixed penalty. Have we ascertained that a speed awareness course isn't on offer, her licence has 8 or fewer points endorsed on it or that the speed alleged is within the range for a fixed penalty?
caziques said:
What date in August?
Police only have six months to lay information in court, so there is a possibility of a time out.
Six months is closing on the speeding ticket, yes - but what about a failure-to-provide? That'd have a different, later, starting date. At least 14 days for the original NIP service plus 28 days for the response before it can even be considered failure, surely - plus, probably another month leeway?Police only have six months to lay information in court, so there is a possibility of a time out.
bad company said:
LoonR1 said:
MG Ant said:
It was 28th August.
The car is owned and keepered by my other half.
Or even "kept". Or better still "she is the Registered Keeper". The car is owned and keepered by my other half.
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