NIP Received 5 Months after Allegation

[ChrisPackit]

Hey Guys

Just wanted to get your opinion on the "ins and outs" of receiving a NIP (for 36 in a 30), 5 months after the alleged offence. The vehicle in question is leased through my business so the 14 day rule would not apply, but the alleged date was October 24 and NIP received in the last few days. Logging on to the Police website suggests that "someone" (assuming lease company) has sat on it for 3 or 4 months.

Any tips or advice (other than Stop Speeding / Take it like a man etc!)

Cheers

C

[No ideas for a name]

Dates are important. If it really is 5 months, then if you delay your reply for the maximum (28 days?), then the offence might time-out.

ETA: Ah, I see from the posting it is barely over 4 months... so it won't timeout.

[BertBert]

No ideas for a name said:

Dates are important. If it really is 5 months, then if you delay your reply for the maximum (28 days?), then the offence might time-out.

That's not going to work. 6 months from the offence is 24th April, rather more than 28 days from now

[ChrisPackit]

BertBert said:

No ideas for a name said:

Dates are important. If it really is 5 months, then if you delay your reply for the maximum (28 days?), then the offence might time-out.

That's not going to work. 6 months from the offence is 24th April, rather more than 28 days from now

Just for my own sanity, so if I were to wait the 28 days and then inform them that it was indeed my partner who was driving at the time (which I believe it was) and she were to wait 28 days before replying, that would take us over 6 months since the date of the offence. Would that make a difference?

[BertBert]

ChrisPackit said:

Just for my own sanity, so if I were to wait the 28 days and then inform them that it was indeed my partner who was driving at the time (which I believe it was) and she were to wait 28 days before replying, that would take us over 6 months since the date of the offence. Would that make a difference?

ah that feels rather different, now you are into proper exact facts needed territory. I think it would, but you'd need someone who actually knows st like Agtlaw to confirm

[martinbiz]

ChrisPackit said:

BertBert said:

No ideas for a name said:

Dates are important. If it really is 5 months, then if you delay your reply for the maximum (28 days?), then the offence might time-out.

That's not going to work. 6 months from the offence is 24th April, rather more than 28 days from now

Just for my own sanity, so if I were to wait the 28 days and then inform them that it was indeed my partner who was driving at the time (which I believe it was) and she were to wait 28 days before replying, that would take us over 6 months since the date of the offence. Would that make a difference?

OP the dates with an exact timeline are important. What is the date the NIP was issued, when did you receive it? Also how was she pinged? If you wait the full 28 days before naming the driver (the missus) send on day 26 1st class signed for and then when she receives her own S172 which is likely to be pretty quick if they are on the case, do the same before replying, then you should be off the hook.

Edited by martinbiz on Monday 3rd March 15:59

Edited by martinbiz on Monday 3rd March 16:01

Edited by martinbiz on Monday 3rd March 16:20

[ChrisPackit]

martinbiz said:

OP the dates with an exact timeline are important. What is the date the NIP was issued, when did you receive it? Also how was she pinged? If you wait the full 28 days before naming the driver (the missus) send on day 26 1st class signed for and then when she receives her own S172 which is likely to be pretty quick if they are on the case, do the same before replying, then you should be off the hook.

Edited by martinbiz on Monday 3rd March 15:59

Edited by martinbiz on Monday 3rd March 16:01

Edited by martinbiz on Monday 3rd March 16:20

Martin, thanks for the response. Here are the exact dates as shown below. I'm thinking it might be JUST outside the 6 months window?


23/10/2024 - Date of Offence
14/11/2024 - New driver nominated on 14/11/2024 at 12:06:17
24/02/2025 - New driver nominated on 24/02/2025 at 12:36:43
23/02/2025 - Letter Dated to myself (Day BEFORE new driver nominated?)
23/03/2025 - 28 Days, Last Date
c. 25 - 27/03/2025 - Estimated date for Partner receiving new NIP
c. 24/04/2025 - 28 Days, Last date (and outside of 6 months window.... JUST!)

Be interested to hear your thoughts ?

Thanks C

[martinbiz]

ChrisPackit said:

Martin, thanks for the response. Here are the exact dates as shown below. I'm thinking it might be JUST outside the 6 months window?


23/10/2024 - Date of Offence
14/11/2024 - New driver nominated on 14/11/2024 at 12:06:17
24/02/2025 - New driver nominated on 24/02/2025 at 12:36:43
23/02/2025 - Letter Dated to myself (Day BEFORE new driver nominated?)
23/03/2025 - 28 Days, Last Date
c. 25 - 27/03/2025 - Estimated date for Partner receiving new NIP
c. 24/04/2025 - 28 Days, Last date (and outside of 6 months window.... JUST!)

Be interested to hear your thoughts ?

Thanks C

Ah Ok, when you said a few days ago I assumed you meant 2 or 3 rather than 10,. It will be tight but you should be ok, a lot depends on how on it they are sending out the 2nd S172/NIP

[ChrisPackit]

martinbiz said:

ChrisPackit said:

Martin, thanks for the response. Here are the exact dates as shown below. I'm thinking it might be JUST outside the 6 months window?


23/10/2024 - Date of Offence
14/11/2024 - New driver nominated on 14/11/2024 at 12:06:17
24/02/2025 - New driver nominated on 24/02/2025 at 12:36:43
23/02/2025 - Letter Dated to myself (Day BEFORE new driver nominated?)
23/03/2025 - 28 Days, Last Date
c. 25 - 27/03/2025 - Estimated date for Partner receiving new NIP
c. 24/04/2025 - 28 Days, Last date (and outside of 6 months window.... JUST!)

Be interested to hear your thoughts ?

Thanks C

Ah Ok, when you said a few days ago I assumed you meant 2 or 3 rather than 10,. It will be tight but you should be ok, a lot depends on how on it they are sending out the 2nd S172/NIP

Thanks for the response - What would the process be at the end of the final 28 day period? Would my partner just send a letter quoting the 6 months rule ?

Thanks

[Bill]

Aren't there too many steps?

ChrisPackit said:

23/10/2024 - Date of Offence
14/11/2024 - New driver nominated on 14/11/2024 at 12:06:17 Is that the lease company nominating your business?
24/02/2025 - New driver nominated on 24/02/2025 at 12:36:43 Is that your business nominating you??
23/02/2025 - Letter Dated to myself (Day BEFORE new driver nominated?)
...

[martinbiz]

Bill said:

That's not really the OP's problem, the only thing he needs to be concerned about is when the NIP was served to him

[martinbiz]

ChrisPackit said:

martinbiz said:

ChrisPackit said:

Martin, thanks for the response. Here are the exact dates as shown below. I'm thinking it might be JUST outside the 6 months window?


23/10/2024 - Date of Offence
14/11/2024 - New driver nominated on 14/11/2024 at 12:06:17
24/02/2025 - New driver nominated on 24/02/2025 at 12:36:43
23/02/2025 - Letter Dated to myself (Day BEFORE new driver nominated?)
23/03/2025 - 28 Days, Last Date
c. 25 - 27/03/2025 - Estimated date for Partner receiving new NIP
c. 24/04/2025 - 28 Days, Last date (and outside of 6 months window.... JUST!)

Be interested to hear your thoughts ?

Thanks C

Ah Ok, when you said a few days ago I assumed you meant 2 or 3 rather than 10,. It will be tight but you should be ok, a lot depends on how on it they are sending out the 2nd S172/NIP

Thanks for the response - What would the process be at the end of the final 28 day period? Would my partner just send a letter quoting the 6 months rule ?

Thanks

Assuming the 28 days has taken you beyond the 6 months then nothing to do, you may get a NFA letter or nothing at all. Just be very sure of your dates

[Bill]

martinbiz said:

That's not really the OP's problem, the only thing he needs to be concerned about is when the NIP was served to him

Fair enough, but if it is his business that's sat on it for a few months surely it could come back to bite him?

[ChrisPackit]

Bill said:

martinbiz said:

That's not really the OP's problem, the only thing he needs to be concerned about is when the NIP was served to him

Fair enough, but if it is his business that's sat on it for a few months surely it could come back to bite him?

It was the lease company that sat on it for month, then sent to the accountants I think.

C

[bad company]

Are you really reasonably expected to remember who was driving on a date so far back?

[Bill]

ChrisPackit said:

It was the lease company that sat on it for month, then sent to the accountants I think.

Ah. That makes more sense. Interesting to see if there's any fallout on them.

[2020vision]

There is only one NIP. That should be served on the registered keeper in 14 days.
The driver in this case, it would seem is not the registered keeper so need be served no NIP.
Anything that appears to be an NIP, 2nd,3rd or whatever is of no consequence, it is entirely null.
An S172 requirement needs to be complied with inside 28days or an offence is committed, save the statutory exemptions.

[agtlaw]

ChrisPackit said:

23/10/2024 - Date of Offence
...

The day of the offence is not taken into account when computing the six-month time limit to institute proceedings.

Therefore, 24 April 2025 is the last day on which proceedings can be instituted.

If there is a nomination (which I advise is done online as late as possible) and a further s.172 request is issued then it will be close.

The nomination must be accurate, of course.

[ChrisPackit]

agtlaw said:

The day of the offence is not taken into account when computing the six-month time limit to institute proceedings.

Therefore, 24 April 2025 is the last day on which proceedings can be instituted.

If there is a nomination (which I advise is done online as late as possible) and a further s.172 request is issued then it will be close.

The nomination must be accurate, of course.

Thanks for the response