NIP has arrived after the 14 days - reject??
Discussion
I drive a company vehicle and have been caught by a mobile unit above the speed limit.
The offence was on the 1st June and the date of the NIP my company has received is dated 23rd June (they gave it to me yesterday).
After a quick bit of reading online it looks as though I can reject the offence on the basis it is 'time barred' having exceeded the 14 day notice period,
Is the above statement correct and factual or do I need to accept the points like a man?
Any advice/experience would be appreciated.
Many thanks.
The offence was on the 1st June and the date of the NIP my company has received is dated 23rd June (they gave it to me yesterday).
After a quick bit of reading online it looks as though I can reject the offence on the basis it is 'time barred' having exceeded the 14 day notice period,
Is the above statement correct and factual or do I need to accept the points like a man?
Any advice/experience would be appreciated.
Many thanks.
There isn't a 14 day time limit for a request for driver details; section 172 RTA 1988. So you must complete and return the driver details form in any event.
Very likely that the company notice is the second notice. Only the first notice must be served within 14 days, and even then there are exceptions in sections 1 and 2, and these provisions don't apply to every motoring offence. e.g. using a mobile phone does not require a warning at the time or a notice of intended prosecution.
Very likely that the company notice is the second notice. Only the first notice must be served within 14 days, and even then there are exceptions in sections 1 and 2, and these provisions don't apply to every motoring offence. e.g. using a mobile phone does not require a warning at the time or a notice of intended prosecution.
Riskins said:
The letter is addressed to my company so direct.
Do I need to check with the lease company if they have already received an initial NIP, passed on my company details which has subsequently generated this letter?
If its a leased car, then the NIP would most likely have been sent to the lease company first.Do I need to check with the lease company if they have already received an initial NIP, passed on my company details which has subsequently generated this letter?
Exige77 said:
If its a leased car, then the NIP would most likely have been sent to the lease company first.
Riskins had already Posted this at 16:28 today:Riskins said:
Just spoken to the lease company and they received the original NIP on the 9th and nominated my company.
Looks as though I will have to take the points then!
Looks as though I will have to take the points then!
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