speeding fine over 6mth urgent help needed pls

[jesterx9x]

received NIP for 39 in a 30 on 23rd december with letter dated 5th december which only leaves me a week to respond over xmas period
offence was dated 2nd july so by the time they get my reply it will be over 6 months old
can anyone advise me what to do please

appreciate any genuine replies

[chrisch77]

Fill in the form and send it back? What advice are you expecting?

[BertBert]

What was the frost between the 5th and the 23rd?

[LordHaveMurci]

Quite the lurker aren’t you!

[jesterx9x]

is it still enforceable as over 6 months old ?

[jesterx9x]

BertBert said:

What was the frost between the 5th and the 23rd?

frost ?

[martinbiz]

jesterx9x said:

received NIP for 39 in a 30 on 23rd december with letter dated 5th december which only leaves me a week to respond over xmas period
offence was dated 2nd july so by the time they get my reply it will be over 6 months old
can anyone advise me what to do please

appreciate any genuine replies

You will have a s172 part to fill in to identify the driver, do this with a couple of days to spare out of the 28 allowed and send back signed for, you should then receive a offer for a course or fixed penalty if eligible, after which you should be home and dry and beyond the 6 months in which you can be prosecuted. There is also the question of why this has arrived 3 weeks after the date on the letter and more so well beyond the 14 days allowed after the offence, it would seem they have made a right mess on all counts. Do not ignore it, despite all the cock ups the law still requires you identify the driver

[martinbiz]

jesterx9x said:

is it still enforceable as over 6 months old ?

Well it will be on the 3rd Jan

Edited by martinbiz on Monday 25th December 21:45

[jesterx9x]

martinbiz said:

jesterx9x said:

is it still enforceable as over 6 months old ?

Well it will be on the 6th Jan

offence was 2nd july mate so 6 months be over 1st january i think

confusing bit is it says 6 maths from date presented to the courts

does the nip class as already presented to.the courts or does this date start from after they receive the completed. nip

[martinbiz]

jesterx9x said:

martinbiz said:

jesterx9x said:

is it still enforceable as over 6 months old ?

Well it will be on the 6th Jan

offence was 2nd july mate so 6 months be over 1st january i think

confusing bit is it says 6 maths from date presented to the courts

does the nip class as already presented to.the courts or does this date start from after they receive the completed. nip

I typoed the date now corrected
Assuming this is the first Nip which it would seem to be, then it is nothing to do with the courts, nothing can be proceeded with until such time as you receive an offer and subsequently fail to respond to it in the prescribed time by which time it will be too late to prosecute

[BertBert]

jesterx9x said:

BertBert said:

What was the frost between the 5th and the 23rd?

frost ?

Hah, delay, autocorrect!

[jesterx9x]

martinbiz said:

jesterx9x said:

is it still enforceable as over 6 months old ?

Well it will be on the 3rd Jan

Edited by martinbiz on Monday 25th December 21:45

thank you martin, really do appreciate it mate as wasn't sure if.i.accept the points and fine or ask to go to court with a.covering letter explaining over 6 months.

i'll send the nip off recorded on 29th january so by time it reaches them its over 6 months and office will be closed for new year

annoying that i've not had 28.days to reply either with it not received till 23rd xmas post i.suppose

[martinbiz]

Just to add to the above, ther other route they may try assuming they realise the mess they’ve made is to move straight to a SJPN without sending a FP offer to try an squeeze this in ASAP within the 6 months, although that would be very tight, but then you would have the late service of the original NIP to fall back on. A Nip dated 5 months after the offence would have been impossible to have been served within 14 days of said offence

[jondude]

OP is there any valid reason why it took so long to track you? Hired or borrowed car? One with wrong address at DVLA?

I am not an expert by any means but I think you are hoping it will be too late for them to lay proceedings to the court as yes, this must be done by 6 months of the date of the offence.

BUT if they have good reasons (like above) for the delay then I think it is another ball game? I suppose you could send it back on day 27 of its reply period, correctly signed, but adding as it has been well over 6 months you feel it has all timed out?

They may agree or if not, you get the 'lesser' punishment of the fine and points as you complied with the S172.

As said, just a view!

[martinbiz]

jondude said:

OP is there any valid reason why it took so long to track you? Hired or borrowed car? One with wrong address at DVLA?

I am not an expert by any means but I think you are hoping it will be too late for them to lay proceedings to the court as yes, this must be done by 6 months of the date of the offence.

BUT if they have good reasons (like above) for the delay then I think it is another ball game? I suppose you could send it back on day 27 of its reply period, correctly signed, but adding as it has been well over 6 months you feel it has all timed out?

They may agree or if not, you get the 'lesser' punishment of the fine and points as you complied with the S172.

As said, just a view!

Valid reasons or not it makes no difference to the 6 month deadline to prosecute

[jesterx9x]

I have trade insurance and for the life of me can't remember if the van was registered to me or not at the time, so either it is and has taken them forever to contact me or possibly previous keeper given them my details altho I.dount this

[martinbiz]

jesterx9x said:

I have trade insurance and for the life of me can't remember if the van was registered to me or not at the time, so either it is and has taken them forever to contact me or possibly previous keeper given them my details altho I.dount this

Ok that may well scupper any late service angle as a fall back as that only applies to the first NIP and yours may not be but you would seem to be fine with the 6 months deadline anyway

[BertBert]

jesterx9x said:

thank you martin, really do appreciate it mate as wasn't sure if.i.accept the points and fine or ask to go to court with a.covering letter explaining over 6 months.

i'll send the nip off recorded on 29th january so by time it reaches them its over 6 months and office will be closed for new year

annoying that i've not had 28.days to reply either with it not received till 23rd xmas post i.suppose

Why 29th Jan? You'll be late won't you?

[Simpo Two]

Blimey, who'd have thought 9mph could get so complicated? No wonder the country's in a mess. 'When there's no war to be fought a Government turns on its own people'.

[jesterx9x]

my.bad I.meant 29th Dec.