Date of a NoIP
Discussion
Hi All, well, at long last, my first NIP has turned up. How I've lasted this long, I really don't know!
Thing is, It's dated 09/08/05 and the alleged offence occurred on 16/7/05. I thought there was only 14 days to serve them? Or has that changed?
What should I do...?
Many thanks
jaker
Thing is, It's dated 09/08/05 and the alleged offence occurred on 16/7/05. I thought there was only 14 days to serve them? Or has that changed?
What should I do...?
Many thanks
jaker
www.pepipoo.com/NewForums2/viewtopic.php?t=87
This link gives an example letter (you need to fill in the blanks obviously and may have to amend some of the detail such as mentioning of the RAC legal team). In the case discussed here, no further action was taken.
HTH
This link gives an example letter (you need to fill in the blanks obviously and may have to amend some of the detail such as mentioning of the RAC legal team). In the case discussed here, no further action was taken.
HTH
It looks as if you could be on a winner.
Under Section 1 Road Traffic Offenders Act 1988 there is an obligation for them to serve NOIP by sending to you, as registered keeper, so that it is received no later than the last post on 30th July, 2005 (14 days ignoring the date of the offence). By not doing so then the same Act states that that if not done then a person shall not be CONVICTED.
You now have sufficient information to write back to point out their obligation, that they failed to comply and that you do not accept any Conditional Offer and will plead Not Guilty to any Court action.
I am some what perturbed as to why they would send it out with such a glaring error unless as others have said they consider cash collection more important than complying with the law.
They may threaten or even take the matter further to Court for regrettably it is up to you to prove NOIP did not comply of which it seems you have good grounds.
The only other thing is that I presume the NOIP was accompanied by a request to name driver (SA172 RTA 88). Failure to respond in 28 days is in itself an offence. They can do this where it has come to their notice that an offence has been committed, which it would seem has. The question open to argument is because some cannot be convicted for that offence does not mean that no offence has been committed. In pure law I would say the offence still stands. It is a further point nevertheless for you to argue if they did take proceedings on the failing to name.
If as you say the date tie up and are in concrete on the NOIP then I very much doubt they will take the matter any further to save themselves red faces.
DVD
Under Section 1 Road Traffic Offenders Act 1988 there is an obligation for them to serve NOIP by sending to you, as registered keeper, so that it is received no later than the last post on 30th July, 2005 (14 days ignoring the date of the offence). By not doing so then the same Act states that that if not done then a person shall not be CONVICTED.
You now have sufficient information to write back to point out their obligation, that they failed to comply and that you do not accept any Conditional Offer and will plead Not Guilty to any Court action.
I am some what perturbed as to why they would send it out with such a glaring error unless as others have said they consider cash collection more important than complying with the law.
They may threaten or even take the matter further to Court for regrettably it is up to you to prove NOIP did not comply of which it seems you have good grounds.
The only other thing is that I presume the NOIP was accompanied by a request to name driver (SA172 RTA 88). Failure to respond in 28 days is in itself an offence. They can do this where it has come to their notice that an offence has been committed, which it would seem has. The question open to argument is because some cannot be convicted for that offence does not mean that no offence has been committed. In pure law I would say the offence still stands. It is a further point nevertheless for you to argue if they did take proceedings on the failing to name.
If as you say the date tie up and are in concrete on the NOIP then I very much doubt they will take the matter any further to save themselves red faces.
DVD
DvD said:
The only other thing is that I presume the NOIP was accompanied by a request to name driver (SA172 RTA 88). Failure to respond in 28 days is in itself an offence. They can do this where it has come to their notice that an offence has been committed, which it would seem has. The question open to argument is because some cannot be convicted for that offence does not mean that no offence has been committed. In pure law I would say the offence still stands. It is a further point nevertheless for you to argue if they did take proceedings on the failing to name.
DvD as always impressed by your readiness to share your encyclopedic knowledge with the rest of us.
North Wales "Arrive Alive" Partnership ( which includes the courts and well groomed Clerks ) play it this way. If the NOIP is not served in time they will still proceed on the S172 failing to name stating in law the S172 offence is not time limited.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff