NIP Received 16 Days After Alleged Offence

NIP Received 16 Days After Alleged Offence

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peterguk

Original Poster:

2,615 posts

218 months

Monday 22nd October 2007
quotequote all
This morning i received and NIP for an offence committed on 6-10-07 which is 16 days ago.

I thought they had 14 days in which to serve on the registered keeper?

My postman handed it to me, and he saw me open it outside my house. He is willing to give a statement to that effect. He is not a friend or a member of the family.

I am the registered keeper, and the address is correct.

Am i able to contest the NIP?

Humberside Police Central Ticket Office, alleged 85 on M180 at 8.38AM. Good weather, empty motorway.

FiveStar

760 posts

205 months

Monday 22nd October 2007
quotequote all
Think you will need a solictor to fight this one but i cant see why you shouldnt win. Try posting on www.pepipoo.com too and see what they say.

Please keep us up to date if you do fight this.

esselte

14,626 posts

268 months

Monday 22nd October 2007
quotequote all
Is there a postmark with a date on it?

mmm-five

11,250 posts

285 months

Monday 22nd October 2007
quotequote all
peterguk said:
This morning i received and NIP for an offence committed on 6-10-07 which is 16 days ago.

I thought they had 14 days in which to serve on the registered keeper?

My postman handed it to me, and he saw me open it outside my house. He is willing to give a statement to that effect. He is not a friend or a member of the family.

I am the registered keeper, and the address is correct.

Am i able to contest the NIP?

Humberside Police Central Ticket Office, alleged 85 on M180 at 8.38AM. Good weather, empty motorway.
They must have made a mistake on the ticket then - as there's no way the M180 will be empty at 8:38am in good weather wink

The postal strike might have something to with the delay, so check the date of the letter to see if it was sent within 14 days.

peterguk

Original Poster:

2,615 posts

218 months

Monday 22nd October 2007
quotequote all
esselte said:
Is there a postmark with a date on it?
No postmark, just a postage prepaid printed on it.

The NIP is dated 11-10-2007

Edited by peterguk on Monday 22 October 13:48

AJS-

15,366 posts

237 months

Monday 22nd October 2007
quotequote all
They might get away with it due to the postal strikes as I think they have to make "reasonable efforts" to ensure that it's received in 14 days. Are there any other circumstances beyond the strikes which could have affected this? ie moved house or bought the car very recently?

Fight the buggers! Good luck


peterguk

Original Poster:

2,615 posts

218 months

Monday 22nd October 2007
quotequote all
AJS- said:
They might get away with it due to the postal strikes as I think they have to make "reasonable efforts" to ensure that it's received in 14 days. Are there any other circumstances beyond the strikes which could have affected this? ie moved house or bought the car very recently?

Fight the buggers! Good luck
Nope, car owned for 18 months, and lived here for 4 years. All documents in order.

Surely stuffing it in the post with fingers crossed when there's a national post strike is not making reasonable effort!

Kinky

39,578 posts

270 months

Monday 22nd October 2007
quotequote all
IIRC it's 15 days after the offence - or basically 2 weeks the day after the offence.

That all said, if that's correct, then your deadline would have been yesterday.

But is it odd to have an envelope with no date franked on it. Not something I've heard of personally - sounds odd to me.

But please note I'm NO expert in this area at all.

K


Dwight VanDriver

6,583 posts

245 months

Monday 22nd October 2007
quotequote all
The deadline for the NOIP was 2359hrs 20th October 2007.

You may consider getting back to them pointing out you do not accept the CO and will plead Not Guilty as the NOIP was served out of time and the witness you have to the date delivered.

They may accept and disengage or they may push further for a Magistrates Court hearing when you will have to make the same claim and have the Mags decide.

Keep this thread updated as to what is happening and if Court proceedings further information from Case Law can be supplied or if you do a search there much information to assist you already of the site.

dvd

PS If the NOIP was accompanied by a request under S172 to name driver then ignore this at your peril. 28 days to reply to this one.

Edited by Dwight VanDriver on Monday 22 October 15:22

EU_Foreigner

2,833 posts

227 months

Monday 22nd October 2007
quotequote all
You must fill in the S172 request, but accompany the NIP with the RAC letter (www.pepipoo.com) which basically states that the NIP is invalid.

The postal strike was great for this. The act states "deemed to have been served" within the 14 days (not including the offence date). The postal strike was announced a long time in advance, so they would / should have known that it could not have been served within the legal timeframe.

You will win this one. Don't expect the scamera partnership to fold straight away as they will state something like that they have received legal advice regarding this. All nonsense.

You are a lucky person ...

peterguk

Original Poster:

2,615 posts

218 months

Monday 22nd October 2007
quotequote all
Thanks for your advice guys. Together with the advice from pepipoo, i shall send off the relevant paperwork tomorrow.

I shall keep you all informed.

SS2.

14,465 posts

239 months

Monday 22nd October 2007
quotequote all
peterguk said:
Thanks for your advice guys. Together with the advice from pepipoo, i shall send off the relevant paperwork tomorrow.

I shall keep you all informed.
Best of luck..biggrin

Kinky

39,578 posts

270 months

Monday 22nd October 2007
quotequote all
SS2. said:
Best of luck..biggrin
As SS2 says thumbup

Boosted LS1

21,188 posts

261 months

Monday 22nd October 2007
quotequote all
I wouldn't complete anything, simply write back and say it arrived out of time and you'd be happy to testify to that at court with witness/s.

EU, why must the request be fullfilled? It arrived out of time?

Boosted.

BertBert

19,072 posts

212 months

Monday 22nd October 2007
quotequote all
Boosted LS1 said:
I wouldn't complete anything, simply write back and say it arrived out of time and you'd be happy to testify to that at court with witness/s.

EU, why must the request be fullfilled? It arrived out of time?

Boosted.
The timeout is not on the S172 request, so you have to do that otherwise you can be prosecuted for failure to supply driver info as reg keeper.

Bert

SS2.

14,465 posts

239 months

Tuesday 23rd October 2007
quotequote all
Boosted LS1 said:
I wouldn't complete anything, simply write back and say it arrived out of time and you'd be happy to testify to that at court with witness/s.

EU, why must the request be fullfilled? It arrived out of time?
A defective NoIP should be a bar to prosecution of the alleged substantive offence to which it refers. It does not, however, mean that the recipient can ignore the s.172 request with impunity.

tigger1

8,402 posts

222 months

Tuesday 23rd October 2007
quotequote all
Boosted LS1 said:
I wouldn't complete anything, simply write back and say it arrived out of time and you'd be happy to testify to that at court with witness/s.

EU, why must the request be fullfilled? It arrived out of time?

Boosted.
Definitely DON'T do this - send off the correctly completed s172 notice.