Does the 2 week NIP rule still apply?

Does the 2 week NIP rule still apply?

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Discussion

GSP

Original Poster:

1,965 posts

204 months

Tuesday 29th November 2016
quotequote all
I have tried searching and googling with mixed results.

Can anyone catergorically confirm whether the two week rule still applies to normal speeding fines from a camera van?

Trying to figure out when I can stop worrying :-(

My sister claims to have received a ticket over 3 weeks after the offence 10 years ago.

I've never had one in 16+ years and worry I may have been caught in the slowest vehicle on the road.

xjay1337

15,966 posts

118 months

Tuesday 29th November 2016
quotequote all
Yes.. NIP must be received within 2 weeks.

GSP

Original Poster:

1,965 posts

204 months

Tuesday 29th November 2016
quotequote all
That sounds good, I'm a worrier.

TooMany2cvs

29,008 posts

126 months

Tuesday 29th November 2016
quotequote all
xjay1337 said:
Yes.. NIP must be received within 2 weeks.
A bit looser than that...
It must be sent to the RK at the address on the V5C, in time to be realistically expected to arrive within two weeks.

ging84

8,897 posts

146 months

Tuesday 29th November 2016
quotequote all
the rule still applies, but it's only ever applied to sending the notice to the registered keeper and with leasing becoming a lot more common people often aren't the registered keeper so the rule does not apply to them.

GSP

Original Poster:

1,965 posts

204 months

Tuesday 29th November 2016
quotequote all
Fortunately it's my old defender so it's straight forward and I'm the registered keeper.

I recon I must have been accelerating up the hill so slowly that they started focusing on the people behind me instead, at least that is what I am hoping.

SS2.

14,462 posts

238 months

Tuesday 29th November 2016
quotequote all
A NIP issued by first class post is deemed to have been served two business days after posting.

Whilst this creates a presumption of good service, it is a presumption that can be rebutted.


Red Devil

13,060 posts

208 months

Tuesday 29th November 2016
quotequote all
yes Established conclusively in the High Court.
See Gidden v Chief Constable of Humberside
http://news.bbc.co.uk/1/hi/england/south_yorkshire...
http://www.bailii.org/ew/cases/EWHC/Admin/2009/292...
It would still be necessary to rebut the delivery presumption though.
Peter Gidden was able to do so sucessfully as his postie was a witness.

The whole saga on here.
http://www.pistonheads.com/gassing/topic.asp?h=0&a... - loss
http://www.pistonheads.com/gassing/topic.asp?h=0&a... - loss
http//www.pistonheads.com/gassing/topic.asp?h=0&am... - WIN!

All of the above assumes there is no issue with the V5C. Problem areas are:
Hired/leased cars which are registered to another party: the 14 day rule only applies to the original NIP.
Where the owner/RK has failed to inform the DVLA of a change of address.

sonnenschein3000

710 posts

90 months

Thursday 1st December 2016
quotequote all
Its also worth adding that regardless if you are the RK or not, they need to try to do you within 6 months for the vast majority of motoring offences. However, given that you were potentially caught on a camera, they need to let you know about it within 2 weeks (plus postage time) if you are the RK.

Most likely scenario is that you'll be offered an educational course (depending on your speed of course) with no points.

If I was in your shoes, I'd forget about it if I haven't heard anything by the 14th.

SS2.

14,462 posts

238 months

Thursday 1st December 2016
quotequote all
sonnenschein3000 said:
However, given that you were potentially caught on a camera, they need to let you know about it within 2 weeks (plus postage time) if you are the RK.
Incorrect - it's 14 days inclusive of postage time. For notices served by 1st class post, this is deemed to be 2 business days.