Hire Purchase and NIP query

[anonymous-user]

Hi,

Just wondering after reading a document that was sent out by Cornwall Police on PepiPoo ( see image attached)

What are the rules for delivery of a NIP for cars that are being payed for monthly on hire-purchase?
Is it still 14 days with the V5C document being up to date and the registered keeper details being on there not the Finance company? Or would it still go to the Finance company first?

Thanks.

Edited by anonymous-user on Wednesday 5th January 13:15

Edited by anonymous-user on Wednesday 5th January 13:53

Edited by anonymous-user on Wednesday 5th January 13:53

[Powerfully Built Company Directors Secretary]

AIUI:

The NIP must** be delivered within 14 days (the date of the offence is day 0). The NIP will go to the registered keeper regardless of whether the car is owned outright or on PCP/HP.

If you are the RK of the vehicle, it has to reach you within 14 days.

If the Finance Company are the RK, it has to reach them without 14 days and they will nominate the person who is down as the purchaser/lessor. In this situation, by the time it reaches you it would have been sent to the RK first so the 14 day bit won't apply once the FC have nominated you (if that makes sense).

• the NIP must be sent so that it is delivered by the 14th day in the course of normal post. Postal strikes/service disruptions can happen and, AFAIK, this would not render the NIP invalid if it was delivered later due to this.

[martinbiz]

No different, can only go to the registered keeper, how would they have a clue who the finance co was anyway?

[littleredrooster]

If it’s your name on the V5, how could the NIP go anywhere else? That’s the only address the Police would have.

[anonymous-user]

martinbiz said:

No different, can only go to the registered keeper, how would they have a clue who the finance co was anyway?

‘Apparently’ some HP car have the finance company as registered keepers according to another forum anyway!

[anonymous-user]

Powerfully Built Company Directors Secretary said:

AIUI:

The NIP must** be delivered within 14 days (the date of the offence is day 0). The NIP will go to the registered keeper regardless of whether the car is owned outright or on PCP/HP.

If you are the RK of the vehicle, it has to reach you within 14 days.

If the Finance Company are the RK, it has to reach them without 14 days and they will nominate the person who is down as the purchaser/lessor. In this situation, by the time it reaches you it would have been sent to the RK first so the 14 day bit won't apply once the FC have nominated you (if that makes sense).

• the NIP must be sent so that it is delivered by the 14th day in the course of normal post. Postal strikes/service disruptions can happen and, AFAIK, this would not render the NIP invalid if it was delivered later due to this.

Thanks. Reading your note about postal delays/ service disruptions etc - would that also include christmas/bank holidays or would they have to ensure it is delivered within the appropriate time?

Also, if a NIP is dated as the 12th or 13th day after offence but is not received until the 15th, would it still be valid?

[Powerfully Built Company Directors Secretary]

JenAGH67 said:

Powerfully Built Company Directors Secretary said:

AIUI:

The NIP must** be delivered within 14 days (the date of the offence is day 0). The NIP will go to the registered keeper regardless of whether the car is owned outright or on PCP/HP.

If you are the RK of the vehicle, it has to reach you within 14 days.

If the Finance Company are the RK, it has to reach them without 14 days and they will nominate the person who is down as the purchaser/lessor. In this situation, by the time it reaches you it would have been sent to the RK first so the 14 day bit won't apply once the FC have nominated you (if that makes sense).

• the NIP must be sent so that it is delivered by the 14th day in the course of normal post. Postal strikes/service disruptions can happen and, AFAIK, this would not render the NIP invalid if it was delivered later due to this.

Thanks. Reading your note about postal delays/ service disruptions etc - would that also include christmas/bank holidays or would they have to ensure it is delivered within the appropriate time?

Also, if a NIP is dated as the 12th or 13th day after offence but is not received until the 15th, would it still be valid?

I'm not an expert so could be wrong, but I believe that they're sent first class so SHOULD be posted on or before the 12th day, as they're considered to be delivered two days after.

In regard to Christmas etc, again not sure. I'd suggest that bank holidays etc are known in advance so these should be taken into account but I am not 100% sure.

In response to a comment further up. Yes, finance companies can be the RK of the vehicles. My Fiancée's VW was bought on finance by her parents as an 18th birthday present and VW Financial Services were the RK for a week, until it was paid off in full (they could've paid it in full from the start, but that meant not getting services and MOTs free!).

Another example, albeit slightly different, are Motability vehicles. Motability Operations Ltd are the RK of their vehicles, and also the Policyholder on the insurance for all of them as well!

[agtlaw]

Powerfully Built Company Directors Secretary said:

AIUI:

the NIP must be sent so that it is delivered by the 14th day in the course of normal post. Postal strikes/service disruptions can happen and, AFAIK, this would not render the NIP invalid if it was delivered later due to this.

Wrong.

[anonymous-user]

littleredrooster said:

If it’s your name on the V5, how could the NIP go anywhere else? That’s the only address the Police would have.

‘Apparently’ some HP car have the finance company as registered keepers according to another forum anyway!

[anonymous-user]

agtlaw said:

Powerfully Built Company Directors Secretary said:

AIUI:

the NIP must be sent so that it is delivered by the 14th day in the course of normal post. Postal strikes/service disruptions can happen and, AFAIK, this would not render the NIP invalid if it was delivered later due to this.

Wrong.

Hi AGTLaw, what is the correct info surrounding this?

[mickyh7]

Powerfully Built Company Directors Secretary said:

AIUI:

The NIP must** be delivered within 14 days (the date of the offence is day 0). The NIP will go to the registered keeper regardless of whether the car is owned outright or on PCP/HP.

If you are the RK of the vehicle, it has to reach you within 14 days.

If the Finance Company are the RK, it has to reach them without 14 days and they will nominate the person who is down as the purchaser/lessor. In this situation, by the time it reaches you it would have been sent to the RK first so the 14 day bit won't apply once the FC have nominated you (if that makes sense).

• the NIP must be sent so that it is delivered by the 14th day in the course of normal post. Postal strikes/service disruptions can happen and, AFAIK, this would not render the NIP invalid if it was delivered later due to this.

This information is incorrect.
It is 14 days, regardless of holidays, strikes etc.
If the NIP is delivered after 14 days it is invalid.
PePiPoo is the 'Go To' site for this.
The Police will try to talk you down and lie to you about posting, dates etc.
Stand your ground.
The Law is the Law, and even the Police must adhere to the Law.

[mickyh7]

JenAGH67 said:

Thanks. Reading your note about postal delays/ service disruptions etc - would that also include christmas/bank holidays or would they have to ensure it is delivered within the appropriate time?

Also, if a NIP is dated as the 12th or 13th day after offence but is not received until the 15th, would it still be valid?

No, it would be invalid.
Mr Loophole has made a very good living out of beating everyone of these late NIP's
Edit to say I've just noticed AGT Law is now involved, so I'm out. He is the Pro on here.

Edited by mickyh7 on Wednesday 5th January 13:59

[littleredrooster]

JenAGH67 said:

littleredrooster said:

If it’s your name on the V5, how could the NIP go anywhere else? That’s the only address the Police would have.

‘Apparently’ some HP car have the finance company as registered keepers according to another forum anyway!

In which case it would go to the HP company. My point was that the Police can only send it to whoever is on the V5.

[BertBert]

mickyh7 said:

This information is incorrect.
It is 14 days, regardless of holidays, strikes etc.
If the NIP is delivered after 14 days it is invalid.
PePiPoo is the 'Go To' site for this.
The Police will try to talk you down and lie to you about posting, dates etc.
Stand your ground.
The Law is the Law, and even the Police must adhere to the Law.

Really?

[anonymous-user]

Powerfully Built Company Directors Secretary said:

JenAGH67 said:

Powerfully Built Company Directors Secretary said:

AIUI:

The NIP must** be delivered within 14 days (the date of the offence is day 0). The NIP will go to the registered keeper regardless of whether the car is owned outright or on PCP/HP.

If you are the RK of the vehicle, it has to reach you within 14 days.

If the Finance Company are the RK, it has to reach them without 14 days and they will nominate the person who is down as the purchaser/lessor. In this situation, by the time it reaches you it would have been sent to the RK first so the 14 day bit won't apply once the FC have nominated you (if that makes sense).

• the NIP must be sent so that it is delivered by the 14th day in the course of normal post. Postal strikes/service disruptions can happen and, AFAIK, this would not render the NIP invalid if it was delivered later due to this.

Thanks. Reading your note about postal delays/ service disruptions etc - would that also include christmas/bank holidays or would they have to ensure it is delivered within the appropriate time?

Also, if a NIP is dated as the 12th or 13th day after offence but is not received until the 15th, would it still be valid?

I'm not an expert so could be wrong, but I believe that they're sent first class so SHOULD be posted on or before the 12th day, as they're considered to be delivered two days after.

In regard to Christmas etc, again not sure. I'd suggest that bank holidays etc are known in advance so these should be taken into account but I am not 100% sure.

In response to a comment further up. Yes, finance companies can be the RK of the vehicles. My Fiancée's VW was bought on finance by her parents as an 18th birthday present and VW Financial Services were the RK for a week, until it was paid off in full (they could've paid it in full from the start, but that meant not getting services and MOTs free!).

Another example, albeit slightly different, are Motability vehicles. Motability Operations Ltd are the RK of their vehicles, and also the Policyholder on the insurance for all of them as well!

Thanks for your input - although after looking into the motability one they have said the following “ Although we own the vehicles leased through the Motability Scheme, we are not the ‘registered keeper’. The registered keeper is the person whose name is registered with the Driver & Vehicle Licensing Agency in Section 5 of the vehicle’s log book or V5C. In the case of Motability Scheme cars, this is the customer.”

So it does actually appear the RK for motability cars is the customer! https://news.motability.co.uk/scheme-news/manufact...

[mickyh7]

BertBert said:

Really?

Have a look on the site mentioned.
Yes, it does happen, normally on their second letter.

[anonymous-user]

mickyh7 said:

BertBert said:

Really?

Have a look on the site mentioned.
Yes, it does happen, normally on their second letter.

Would they take something like this (refusal due to over the 14 days) to court?

[mickyh7]

JenAGH67 said:

mickyh7 said:

BertBert said:

Really?

Have a look on the site mentioned.
Yes, it does happen, normally on their second letter.

Would they take something like this (refusal due to over the 14 days) to court?

Not if you reply with the correctly worded letter available to copy from said website.
If it does go to court, like loads of Celebrities and Footballers, it should be thrown out.
There are far more informed people on here, who should be able to answer these questions better than me.

[anonymous-user]

littleredrooster said:

JenAGH67 said:

littleredrooster said:

If it’s your name on the V5, how could the NIP go anywhere else? That’s the only address the Police would have.

‘Apparently’ some HP car have the finance company as registered keepers according to another forum anyway!

In which case it would go to the HP company. My point was that the Police can only send it to whoever is on the V5.

That was my thought process too but thank you!

[anonymous-user]

mickyh7 said:

JenAGH67 said:

mickyh7 said:

BertBert said:

Really?

Have a look on the site mentioned.
Yes, it does happen, normally on their second letter.

Would they take something like this (refusal due to over the 14 days) to court?

Not if you reply with the correctly worded letter available to copy from said website.
If it does go to court, like loads of Celebrities and Footballers, it should be thrown out.
There are far more informed people on here, who should be able to answer these questions better than me.

Thank you for your input/advice! Much appreciated