46 in a 40 zone, NIP issued 16 days after offence

[ethomas]

Received my first NIP today. The offence was doing 46 in the 40 zone on the M32 coming into Bristol on the 31st of October. Kind of annoying that they intend to prosecute for that, but fair enough.

The thing is, the Notice Issue Date is the 16th of November, and I received it by mail today (18th November). This is clearly outside the 14 day deadline.

Is there any way of finding out if I am the registered keeper (the car is leased to me by Alfa Romeo), and if the DVLA database is up to date (these both seem to be valid exemptions for late delivery)?

If they did indeed send the NIP out late, is it an automatic defence, or could the magistrate still side with the police?

Thanks,
Ed

[pixelatedJH]

If you're the registered keeper, you will have the logbook posted to your address in your name.

[ethomas]

pixelatedJH said:

If you're the registered keeper, you will have the logbook posted to your address in your name.

In that case, lease company is the registered keeper. Looks like a fair cop. Bugger

[James TiT]

Do you pay the vehicle excise duty yourself?

[ghost83]

I was also told it's 14 work days which obviously doesn't include weekends in that so your 14 days becomes 18 days so I'm told

I could be wrong though it could be just 14 days

Edited by ghost83 on Saturday 18th November 18:19

[ethomas]

James TiT said:

Do you pay the vehicle excise duty yourself?

No, paid by the leasing company.

[wiliferus]

ghost83 said:

I was also told it's 14 work days which obviously doesn't include weekends in that so your 14 days becomes 18 days so I'm told

I could be wrong though it could be just 14 days

Edited by ghost83 on Saturday 18th November 18:19

You’ve been told wrong, it is just 14 days.

[anonymous-user]

Ignore the bot. The rule is 14 days, not 14 working days: section 1 Road Traffic Offenders Act 1988.

You will probably be offered a speed awareness course or a fixed penalty of £100 plus 3 points on your licence. Take yer pick!

Edited by anonymous-user on Saturday 18th November 18:34

[bad company]

ethomas said:

In that case, lease company is the registered keeper. Looks like a fair cop. Bugger

Indeed. Looks like a fine and points or a speed awareness course - rather like detention at school.

[pushthebutton]

Breadvan72 said:

Ignore the bot. The rule is 14 days, not 14 working days: section 1 Road Traffic Offenders Act 1988.

You will probably be offered a speed awareness course or a fixed penalty of £100 plus 3 points on your licence. Take yer pick!

Edited by Breadvan72 on Saturday 18th November 18:34

If the event was the 31st October and the NIP was dated the 16th November, what relevance does the 14 days hold then?

Thanks

[Gavia]

pushthebutton said:

If the event was the 31st October and the NIP was dated the 16th November, what relevance does the 14 days hold then?

Thanks

None. The original NIP, along with a S172 will have been sent to the lease company. They will have identified the driver as the OP. The 14 day period ends once the original NIP is sent to the registered keeper, after that there is no “get out of jail free” card to be played on that timeline.

[ghost83]

Never been called a boy before lol!

Sounds like I was told wrong with the 14 working days

[agtlaw]

Breadvan72 said:

Ignore the bot. The rule is 14 days, not 14 working days: section 1 Road Traffic Offenders Act 1988.

You will probably be offered a speed awareness course or a fixed penalty of £100 plus 3 points on your licence. Take yer pick!

“The day of the offence is not counted in computing the 14 days. Thus, if an offence occurs on January 1, the notice should be posted so that it reaches the defendant’s address not later than last post on January 15.”

Wilkinson’s Road Traffic Offences at 2.214

[anonymous-user]

ghost83 said:

Never been called a boy before lol!

Sounds like I was told wrong with the 14 working days

I was replying to a bot post since deleted. I typed bot, not boy. I would not be so rude as to refer to someone as boy.

[James TiT]

Breadvan72 said:

I was replying to a bot post since deleted. I typed bot, not boy. I would not be so rude as to refer to someone as boy.

Calling someone a bottom is worse than calling them a boy actually.

[anonymous-user]

Computer says no.

[mickmcpaddy]

So they can manage to send a letter out to the leasing company, get a reply and then send out a 2nd letter to the OP within 18 days, how terribly efficient. Yet it takes 3 months or more if ever to go out to a burglary.

[ging84]

mickmcpaddy said:

So they can manage to send a letter out to the leasing company, get a reply and then send out a 2nd letter to the OP within 18 days, how terribly efficient. Yet it takes 3 months or more if ever to go out to a burglary.

Criminals invading a family home is far less important than ensuring the random lottery of who will get a speeding ticket that millions of people enter every day is not influenced by external factors.

[4rephill]

mickmcpaddy said:

So they can manage to send a letter out to the leasing company, get a reply and then send out a 2nd letter to the OP within 18 days, how terribly efficient. Yet it takes 3 months or more if ever to go out to a burglary.

So it's your belief that the Police traffic departments also investigate burglaries?

You should complain to the press! - I can see it now:

[mickmcpaddy]

4rephill said:

mickmcpaddy said:

So they can manage to send a letter out to the leasing company, get a reply and then send out a 2nd letter to the OP within 18 days, how terribly efficient. Yet it takes 3 months or more if ever to go out to a burglary.

So it's your belief that the Police traffic departments also investigate burglaries?

You should complain to the press! - I can see it now:

I'm saying if one department can be on the ball why can't the others, traffic department has many many more suspects to deal with.

Anyway who chases the bank robbers getaway car?