14 days or 6 months ?
Discussion
Can someone advise, recently got caught doing 60 in a 50, however the date of the NIP is two months after the alleged incident. Reading a few of the other posts it seems they have to send that in 14 working days. Other point is it's a company car and the NIP was sent to my office, does that mean they can take 6 months ? Help appreciated because I am rapidly approaching the 28 days to reply time.
This is something that I still haven't cleared up from my last posting. I have just received the NIP from the fuzz after my boss (Quite rightly) had to place someone on the form as a driver. He also sent a solicitors letter stating that it was outside the 14 days they have to adhere to. But alas they ignored that and I am now face with it. I am in exactly the same situation - someone out there must know the official spiel on this. Here is some info a nice solicitor sent me (Bishop & Light solicitors - thanks guys): -
Failure to give such notice gives a defence to any proceedings.
It doesn't seem to me that the fact that the individual driver is not known
assists the police when they can give the notice to the registered keeper.
The 14 day rule does not apply to the S. 172 notice itself. Therefore, my
advice would be as follows:-
1. Return the S 172 notice, specifying (if you know it) the driver. This
avoids prosecution for failing to name the driver.
2. Point out in a covering letter the failure to warn of intended
prosecution for speeding and that in such circumstances you understand that
no prosecution should follow in respect of the driver who was driving at the
time.
If I am wrong in my advice (there may be a case that I am unaware of and not
referred to in Wilkinson's) then I suspect that they will point that out to
you and we can then consider the case and whether it applies.
Come on someone!!!!
Failure to give such notice gives a defence to any proceedings.
It doesn't seem to me that the fact that the individual driver is not known
assists the police when they can give the notice to the registered keeper.
The 14 day rule does not apply to the S. 172 notice itself. Therefore, my
advice would be as follows:-
1. Return the S 172 notice, specifying (if you know it) the driver. This
avoids prosecution for failing to name the driver.
2. Point out in a covering letter the failure to warn of intended
prosecution for speeding and that in such circumstances you understand that
no prosecution should follow in respect of the driver who was driving at the
time.
If I am wrong in my advice (there may be a case that I am unaware of and not
referred to in Wilkinson's) then I suspect that they will point that out to
you and we can then consider the case and whether it applies.
Come on someone!!!!
Then I guess that I probably won't get away with it? Maybe theres no harm in trying is there? Let us know how you get on BanjoCannon. Certainly stopped me from ragging the bosses car all the time. It was a nice one too, Saab 2.0lt turbo (estate though, in white too with a tow bar - at least I'd never get pulled by the rozzers - too tame a car!). Good Luck!
Got areply from the ploice, saying that they had contacted the lease hire company first, then my boss, who then passed it to me, so they basicly said 'No chance matey, give us yer money'
Oh well, Least I'll know next time. Just make sure if you come to cardiff stay at 30 everywhere. They have cameras everywhere. God, if I ran down my stairs fast enough, I'm sure I'd get a ticket!
Oh well, Least I'll know next time. Just make sure if you come to cardiff stay at 30 everywhere. They have cameras everywhere. God, if I ran down my stairs fast enough, I'm sure I'd get a ticket!
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