NIP after 45 days

[cheeky]

OH has received NIP for speeding 45 days after alleged offence, with date of notice 42 days after said date!

It is still the case that >17 days = invalid, isn't it?

[vonhosen]

Who is on V5 (was at date of offence)?

[KevinCorvetteC6]

Also if it is the NIP only, what has happened to the request for driver information? This must have come earlier.

[Oi_Oi_Savaloy]

Was she driving a hire car at the time (perhaps it went to the hire firm first)?

Just a thought.

[1Addicted]

Need more details.

[Landshark]

cheeky said:

OH has received NIP for speeding 45 days after alleged offence, with date of notice 42 days after said date!

It is still the case that >17 days = invalid, isn't it?

It's normally 14 days to the registered keeper.

[cautiontothewind]

...as long as registered keeper has right address etc, etc.

The rules are well defined.

More info needed .

[cheeky]

It does also ask her to name the driver.

It was her own car.

Nothing received prior to the 45 days at either of our addresses...

[vonhosen]

But who is on the V5?
Her?
Lease Co?

[Red Devil]

Answers needed to these questions.

Is she the RK? Is the address held on DVLA records up to date? Is it a second follow up Notice, the first either not having been delivered or not responded to?

The name the driver request is a S.172 notice. This is quite separate from any alleged speeding offence and should not be put on the back burner. Unless she can invoke the either the reasonable diligence or not practicable defences (unlikely) she risks an automatic 6 point penalty - http://www.pattersonlaw.co.uk/motoring-offences/s-...

[agtlaw]

Was she stopped and warned at the time? (in which case a notice of intended prosecution is not required)

Do any of the exceptions in s. 2 RTOA apply? (accident, fixed penalty notice, name and address of accused/registered keeper could not be ascertained..., accused contributed to failure)

Is this a reminder notice? (contact the ticket office and ascertain to whom the first notice was sent and when)

Btw, the notice rule is 14 days, not 17. N.b. there is no time limit for a request for driver information- so even if the notice is late then the driver nomination form must be returned.

[cheeky]

vonhosen said:

But who is on the V5?
Her?
Lease Co?

Yes, she is on the V5.

As stated, it is her own car, not that of a lease company or anyone else.

[cheeky]

agtlaw said:

Was she stopped and warned at the time? (in which case a notice of intended prosecution is not required)

Do any of the exceptions in s. 2 RTOA apply? (accident, fixed penalty notice, name and address of accused/registered keeper could not be ascertained..., accused contributed to failure)

Is this a reminder notice? (contact the ticket office and ascertain to whom the first notice was sent and when)

Btw, the notice rule is 14 days, not 17. N.b. there is no time limit for a request for driver information- so even if the notice is late then the driver nomination form must be returned.

The answer to each of the questions above is no.

I thought 14 days was for them to send it and 17 was the accepted limit for receipt, or is that out of date? Not that it matters, as 45 days is well beyond both.

[cheeky]

Red Devil said:

Answers needed to these questions.

Is she the RK? Is the address held on DVLA records up to date? Is it a second follow up Notice, the first either not having been delivered or not responded to?

The name the driver request is a S.172 notice. This is quite separate from any alleged speeding offence and should not be put on the back burner. Unless she can invoke the either the reasonable diligence or not practicable defences (unlikely) she risks an automatic 6 point penalty - http://www.pattersonlaw.co.uk/motoring-offences/s-...

Thanks for this. Presumably a reply by way of letter can satisfy the s172 notice if it names her as driver, and she does not have to fill in the Reply to Notice Form itself?

[agtlaw]

cheeky said:

The answer to each of the questions above is no.

I thought 14 days was for them to send it and 17 was the accepted limit for receipt, or is that out of date? Not that it matters, as 45 days is well beyond both.

It's 14 days.

Question 3 can only be answered by the ticket office. Have you contacted the ticket office?

[Red Devil]

cheeky said:

Red Devil said:

Answers needed to these questions.

Is she the RK? Is the address held on DVLA records up to date? Is it a second follow up Notice, the first either not having been delivered or not responded to?

The name the driver request is a S.172 notice. This is quite separate from any alleged speeding offence and should not be put on the back burner. Unless she can invoke the either the reasonable diligence or not practicable defences (unlikely) she risks an automatic 6 point penalty - http://www.pattersonlaw.co.uk/motoring-offences/s-...

Thanks for this. Presumably a reply by way of letter can satisfy the s172 notice if it names her as driver, and she does not have to fill in the Reply to Notice Form itself?

My reading of Section 12 RTOA 1988 is that as long as prescribed information is given and the letter is signed, that it will suffice.
http://www.legislation.gov.uk/ukpga/1988/53/sectio...

It would seem that the best course of action is to return the form with 'please see covering letter attached' in the appropriate place.
See paragraphs 13 & 14 in this case
http://www.bailii.org/ew/cases/EWHC/Admin/2004/236...

It was also quoted in paragraph 4 of this judgement.
http://www.bailii.org/ew/cases/EWHC/Admin/2008/209...
In the first sentence of paragraph 5 Collins J agrees that the letter was compliant with Section 12.
Where the appellant went wrong was in trying to maintain that his response couldn't be used in any proceedings.
That was why permission for judicial review was refused.

Don't rely on my opinion though. You'll get a more authoritative answer from agtlaw or via the link in my earlier post.