NIP & company cars
Discussion
Sorry if this is an old old topic - I'm new & did look in the archives but couldn't see a relevant thread.
Today my company passed a NIP onto me about a speeding offence in one of their cars on 28 April (I was driving). The date on the NIP is 13 May & it actually arrived on 19 May. This (I think) is 15 days from the offence to the date of issue of the NIP, ie outside the 14 day limit. Does the 14 day limit apply to company cars?
Presumably when the company gives my name, I'll get sent a new NIP. Will I be able to use the fact that the original NIP was sent outside of 14 days to appeal, even though that one wasn't sent to me?
Thanks, Harry
Today my company passed a NIP onto me about a speeding offence in one of their cars on 28 April (I was driving). The date on the NIP is 13 May & it actually arrived on 19 May. This (I think) is 15 days from the offence to the date of issue of the NIP, ie outside the 14 day limit. Does the 14 day limit apply to company cars?
Presumably when the company gives my name, I'll get sent a new NIP. Will I be able to use the fact that the original NIP was sent outside of 14 days to appeal, even though that one wasn't sent to me?
Thanks, Harry
From what I have read on previous posts it seems you may be in luck.
It seems they have 14 days from the date of the alleged offence to contact the registered keeper (as held by dvla at the time of the alleged offence). If the company is listed then it seems they have failed. It may also be worth checking if it was sent first or second class, if it was 2nd this is not good enough and gives more ammo.
Look for posts in this forum made by jeffreyarcher and dwightvandriver they both help regularily with this type of query.
Cheers
Paul
(
welcome btw !)
It seems they have 14 days from the date of the alleged offence to contact the registered keeper (as held by dvla at the time of the alleged offence). If the company is listed then it seems they have failed. It may also be worth checking if it was sent first or second class, if it was 2nd this is not good enough and gives more ammo.
Look for posts in this forum made by jeffreyarcher and dwightvandriver they both help regularily with this type of query.
Cheers
Paul
(
welcome btw !) A
On the assumption of all that you have said is true then:
For speeding NOIP has to be served on driver within 14 days of the offence, or if driver details are not known then the Reg. Keeper which I presume is the Company you mention. It is one or the other and if they don't then proceedings cannot be taken. RK should have had the NOIP by 12th May (date of offence does not count) if 28.4. was date of offence.
In this case the NOIP itself???? is dated out of time(13th May). So essential and critical is this timing (14days) that I am amazed that the mistake has not been noticed and I wonder why? Has the Company only acquired the vehicle just before the offence so that DVLA Records would be in a turmoil between changes of ownership which would give them a claim that they had used due diligence in attempting to served NOIP if a delay occurred in obtaining details. This fact would have to be argued at Court and decided by Magistrates.
In the meantime, suggestyou :
PUT THAT NOIP UNDER LOCK AND KEY as it is you principle weapon to get off this.
Your company (RK) can return the forms (less NOIP) naming yourself as driver (if this was the case). Forms will then be sent to you at which time you can play your master card and write back naming yourself as the driver ( 28 days applies to demand to name driver) so preventing any proceedings for failing to give details. At the same time inform them of an intention to plead Not Guilty on the grounds that NOIP out of time, explaining why and send a COPY of the NOIP sent to RK.
Sit back and see what there reply is. There should only be one.
DVD
On the assumption of all that you have said is true then:
For speeding NOIP has to be served on driver within 14 days of the offence, or if driver details are not known then the Reg. Keeper which I presume is the Company you mention. It is one or the other and if they don't then proceedings cannot be taken. RK should have had the NOIP by 12th May (date of offence does not count) if 28.4. was date of offence.
In this case the NOIP itself???? is dated out of time(13th May). So essential and critical is this timing (14days) that I am amazed that the mistake has not been noticed and I wonder why? Has the Company only acquired the vehicle just before the offence so that DVLA Records would be in a turmoil between changes of ownership which would give them a claim that they had used due diligence in attempting to served NOIP if a delay occurred in obtaining details. This fact would have to be argued at Court and decided by Magistrates.
In the meantime, suggestyou :
PUT THAT NOIP UNDER LOCK AND KEY as it is you principle weapon to get off this.
Your company (RK) can return the forms (less NOIP) naming yourself as driver (if this was the case). Forms will then be sent to you at which time you can play your master card and write back naming yourself as the driver ( 28 days applies to demand to name driver) so preventing any proceedings for failing to give details. At the same time inform them of an intention to plead Not Guilty on the grounds that NOIP out of time, explaining why and send a COPY of the NOIP sent to RK.
Sit back and see what there reply is. There should only be one.
DVD
Very few companies actually own cars; most are leased in which case the leasing co. will be the RK and the 14 day limit applies to them.
Why did they pass it to you? Do they expect you to fill it in and post it? Some companies make this mistake. If so, don't bother returning the notice at all, it is the addresse of the NIP's obligation to do this, not the driver.
The chances are it won't come off because reminders are usually issued before a summons, at which point the mistake will no doubt be rumbled. However, worth a flier.
abbabbahrk said:
Today my company passed a NIP onto me about a speeding offence in one of their cars on 28 April (I was driving).
Why did they pass it to you? Do they expect you to fill it in and post it? Some companies make this mistake. If so, don't bother returning the notice at all, it is the addresse of the NIP's obligation to do this, not the driver.
The chances are it won't come off because reminders are usually issued before a summons, at which point the mistake will no doubt be rumbled. However, worth a flier.
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