NIP - 14 days

[AB]

Offence occurred 13/11/2016 at 11:17am on A449 Hartlebury towards Worcester.

64mph in a 50mph limit recorded using 'manned equipment'.

NIP arrived with Registered Keeper 03/12/2016 with 'Notice Issue Date' being 30/11/2016.

Am I correct in thinking that this hasn't been served in time? If so, what is the best response?

[herewego]

http://www.pistonheads.com/gassing/topic.asp?h=0&a...

[DaveH23]

Motorlawyers.co.uk said:

If you are the registered keeper of the vehicle and the ISSUE date on the Notice of Intended Prosecution is more than 14 days after the offence, then you can reject it. This only applies if it is dated more than 14 days after the alleged offence. If the NIP has been issued too late, then you should return it to the Process Office stating that you reject it because it is time barred. Bear in mind that if you are not the registered keeper, the NIP may have originally been issued within time and sent to the keeper.

This is under the question;
'The notice of intended prosecution was issued out of time, what do I do now?'

http://www.motorlawyers.co.uk/procedure/notice_of_...

[SS2.]

AB said:

NIP arrived with Registered Keeper 03/12/2016 with 'Notice Issue Date' being 30/11/2016.

How confident are you that the person you think is the RK is actually the RK and that their details are correct on the V5C ?

[agtlaw]

DaveH23 said:

This is under the question;
'The notice of intended prosecution was issued out of time, what do I do now?'

Probably unwise to follow the 'advice' of fake solicitors.

Exceptions to the general rule are set out in section 2 of the Road Traffic Offenders Act 1988

[SS2.]

DaveH23 said:

Motorlawyers.co.uk said:

If you are the registered keeper of the vehicle and the ISSUE date on the Notice of Intended Prosecution is more than 14 days after the offence, then you can reject it. This only applies if it is dated more than 14 days after the alleged offence. If the NIP has been issued too late, then you should return it to the Process Office stating that you reject it because it is time barred. Bear in mind that if you are not the registered keeper, the NIP may have originally been issued within time and sent to the keeper.

Close, but no cigar.

[AB]

SS2. said:

AB said:

NIP arrived with Registered Keeper 03/12/2016 with 'Notice Issue Date' being 30/11/2016.

How confident are you that the person you think is the RK is actually the RK and that their details are correct on the V5C ?

About as confident as you can get

[SS2.]

It's dated too early to be a reminder which suggests either the RK's details (as held by the DVLA) are incorrect, or it's simply been issued out of time.

If you think it could be the latter, you could write a letter to the SCP and point this out to them. The same letter could be used to confirm the details of the driver of the vehicle at the time and place specified on the NIP.

Ensure any such letter is signed and received by the SCP within the 28 days required by statute.

[agtlaw]

SS2. said:

It's dated too early to be a reminder which suggests either the RK's details (as held by the DVLA) are incorrect, or it's simply been issued out of time.

If you think it could be the latter, you could write a letter to the SCP and point this out to them. The same letter could be used to confirm the details of the driver of the vehicle at the time and place specified on the NIP.

Ensure any such letter is signed and received by the SCP within the 28 days required by statute.

Or simply complete the driver details form and return that with a cover letter querying the late service. Use Signed For® post.

Don't attempt to 'reject' the notice or driver details form.

[AB]

agtlaw said:

Or simply complete the driver details form and return that with a cover letter querying the late service. Use Signed For® post.

Don't attempt to 'reject' the notice or driver details form.

This is the route I'll go down.

Hands up, I was speeding, but who wouldn't want to avoid 3 points and £100 fine if they could?

[SS2.]

AB said:

This is the route I'll go down.

A letter is a perfectly acceptable means of providing the information requested.

If you choose to use their form to confirm the driver details, I'd suggest endorsing it with 'Please See Attached' in bold lettering and stapling it to your letter.

[agtlaw]

AB said:

This is the route I'll go down.

Hands up, I was speeding, but who wouldn't want to avoid 3 points and £100 fine if they could?

There's probably a reason for the late service but good luck.