Discussion
OK here is the situation, Offence date 17 Nov 2002, NIP sent to lease car company on 21 Nov, they respond immediately, Notice to company being the keeper dated 17 January 2003. Is there any defence?
I know the normal 14 day rule, but how does this apply to a leased car, not a hire car?
Can anyone help or does the driver have to swallow the 3 points and fine?
TIA
I know the normal 14 day rule, but how does this apply to a leased car, not a hire car?
Can anyone help or does the driver have to swallow the 3 points and fine?
TIA
I think you're a bit buggered here. The 14 day rule is for the NIP to be sent to the registered keeper. In your case this is the leasing firm.
They in turn responded immediately and then it has taken time to get the corrected NIP through to your company.
However you should wait for one of our resident BiB to give you the correct legal position.
Chris
They in turn responded immediately and then it has taken time to get the corrected NIP through to your company.
However you should wait for one of our resident BiB to give you the correct legal position.
Chris
Thought we maybe, wonder if anyone has any experience of applying Secyion 2 of the RTOA 1988 whihc states that the 14 day rule would not prevent conviction where neither the name of the keeper nor the accused could be ascertained within the 14 days. If they knew within the 14 days and could still have served the notice on the accused with the original 14 days would that have made the notice invalid?
Or do they then have to send the new notice within 14 days of being advised who the actual owner is? There is nothing clear about leased cars at all!
Or do they then have to send the new notice within 14 days of being advised who the actual owner is? There is nothing clear about leased cars at all!
If it was served to the leasing firm within 14 days then the nip has been served and you m'lud are buggered...
As long as someone has confirmed you had the car and it's gone back to the cops, they could take (iirc) up to six months to serve it on you, it still is valid however these points don't equate to prizes unfortuntately.
S**t happens, you deal with it - depending on how far you were over the limit etc, it might be worth saying you can't recall driving the car on that day etc, especially if there was more than one person insured through the leasing company or who had TPO insurance (not sure about using TPO with lease cars mind) who could have been driving on that day.
The important thing to remember is only do that if it is the truth, perjury is not a good thing to have on your record - especially over 3 points!
As long as someone has confirmed you had the car and it's gone back to the cops, they could take (iirc) up to six months to serve it on you, it still is valid however these points don't equate to prizes unfortuntately.
S**t happens, you deal with it - depending on how far you were over the limit etc, it might be worth saying you can't recall driving the car on that day etc, especially if there was more than one person insured through the leasing company or who had TPO insurance (not sure about using TPO with lease cars mind) who could have been driving on that day.
The important thing to remember is only do that if it is the truth, perjury is not a good thing to have on your record - especially over 3 points!
red said: You may have an out , the forms must be served as soon as practicable, Nov to Jan isnt your co should have a form asking who the driver was?
If the first NIP was correct in detail and in time to the lease company. Then it deemed served. You could argue that the process was not expidited efficiently enough if the delay of sending the revised NIP Section 172 notice was excessive but that would require the help of a good lawyer if you were to make it stick at court. They may go along the lines of 'abuse of process of the court' if undue unecessary delay is apparent.
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