NIP 3 months after alleged offence

[KaraK]

This morning's post brought me a lovely NIP (well S172) for referring to a date in March this year, so nearly 3 months later!

Wondering if this is worth looking at from the perspective of it being outside the 14 day rule?

[SteveScooby]

Is the car registered to you?
How long have you owned it?
Have you swapped number plates recently?

[aw51 121565]

What is the DOCREF date on the latest V5C (it's near the bottom left hand corner from memory)?

[helix402]

The NIP is deemed to be served within 14 days unless you can prove otherwise. I had a speeding charge dismissed after a late NIP. My proof of late service was the police at my door with a new NIP and the original one in their hand. I had to go to court and plead not guilty to do this.

[KaraK]

The car is registered to me (and has been for a couple of years), thinking back to around that time it can't have been long after I'd sent the log book off to be updated with my new address details and I honestly can't remember whether I'd received the new V5 by that date.. could this be the cause of the delay?

[worsy]

Is it correctly addressed?
Has it been franked with a date?
Does the S172 state a date?

[KaraK]

worsy said:

Is it correctly addressed?
Has it been franked with a date?
Does the S172 state a date?

Yep correctly addressed.. haven't looked at the envelope for a franking date but the S172 itself has a stamped date on it of the 5th of June (i.e. one day before it arrived)

[agtlaw]

KaraK said:

This morning's post brought me a lovely NIP (well S172) for referring to a date in March this year, so nearly 3 months later!

Wondering if this is worth looking at from the perspective of it being outside the 14 day rule?

What's the offence alleged?

N.b. There is no "14 day rule" for a section 172 request.

[johnny fotze]

I've been in a similar situation (docs away for change of address), and I seem to remember that the time limit doesn't apply if the time has been used to find the driver.

[KaraK]

agtlaw said:

KaraK said:

This morning's post brought me a lovely NIP (well S172) for referring to a date in March this year, so nearly 3 months later!

Wondering if this is worth looking at from the perspective of it being outside the 14 day rule?

What's the offence alleged?

N.b. There is no "14 day rule" for a section 172 request.

Alleged offence is 37 in a 30

[helix402]

This is good reading if you want to understand the law yourself:

http://www.sweetandmaxwell.co.uk/Archbold/