Successful cancellations of NIPs using 14 day rule?
Discussion
Good morning all,
I was snapped by a fixed speed camera doing 24 in a 20 zone on 14/1/24. I received a NIP yesterday with an issue date on it of 29/2/24. This is well outside the '14 day rule' and in my understanding is invalid. I'd just like to ask if this is correct? If so, what is the best/recommended course of action? Return the NIP uncompleted with a cover letter stating it was issued outwith the 14 days?
Has anyone successfully had a NIP cancelled on these grounds or is it necessary to go the Court stage to do this?
Sorry to go on, but does anyone know where the 14 days is actually specified? Sec 172 of RTA 1988 just gives the police power to request the driver's information. I presume there is some guidance to go with this but I haven't found it yet.
Thanks for any advice.
Graham
I was snapped by a fixed speed camera doing 24 in a 20 zone on 14/1/24. I received a NIP yesterday with an issue date on it of 29/2/24. This is well outside the '14 day rule' and in my understanding is invalid. I'd just like to ask if this is correct? If so, what is the best/recommended course of action? Return the NIP uncompleted with a cover letter stating it was issued outwith the 14 days?
Has anyone successfully had a NIP cancelled on these grounds or is it necessary to go the Court stage to do this?
Sorry to go on, but does anyone know where the 14 days is actually specified? Sec 172 of RTA 1988 just gives the police power to request the driver's information. I presume there is some guidance to go with this but I haven't found it yet.
Thanks for any advice.
Graham
I have found the 14 day rule is set out in sec 1 (c) of RTA 1988. So I'd just like to ask if anyone has has their intended prosecution cancelled on basis of an out of time NIP? I'll completed and return the NIP with a cover letter. Did anyone then get it cancelled at this stage or did you have to explain it in front of a Magistrate??
Is the vehicle registered in your name?
And was your address at the time of the alleged offence current & correct?
If you're not the registered keeper then providing the first NIP was sent to arrive at their address within the 14 days the service is good.
That will be accompanied by a S172 to notify details of driver.
Normal practice once the S172 has been returned is for the driver to be sent an NIP but it isn't legally required.
If you are the keeper but you have an old address shown & the first NIP has been sent to that address (as above) then the service is good.
Have a search for agtlaw's post as he goes into it in much more detail
And was your address at the time of the alleged offence current & correct?
If you're not the registered keeper then providing the first NIP was sent to arrive at their address within the 14 days the service is good.
That will be accompanied by a S172 to notify details of driver.
Normal practice once the S172 has been returned is for the driver to be sent an NIP but it isn't legally required.
If you are the keeper but you have an old address shown & the first NIP has been sent to that address (as above) then the service is good.
Have a search for agtlaw's post as he goes into it in much more detail
ferret50 said:
Day of offence does not count, so your ticket was correctly issued on the 14th day.
Tough titties!
OP said:Tough titties!
Graham-wepnw said:
Good morning all,
I was snapped by a fixed speed camera doing 24 in a 20 zone on 14/1/24. I received a NIP yesterday with an issue date on it of 29/2/24.
Graham
That's a bit more than 14 days!I was snapped by a fixed speed camera doing 24 in a 20 zone on 14/1/24. I received a NIP yesterday with an issue date on it of 29/2/24.
Graham
Aside from your maths being a bit off...
In this case 'served' means delivered which, within the normal course of 1st class mail, is deemed to be 2 business days after posting.
Subject to a few statutory exceptions, this means a NIP posted on Day 14 could never be served in time.
ferret50 said:
Day of offence does not count, so your ticket was correctly issued on the 14th day.
A notice issued by 1st class post is required to be served on the RK within 14 calendar days of the alleged offence, where the date of the offence is Day 0.In this case 'served' means delivered which, within the normal course of 1st class mail, is deemed to be 2 business days after posting.
Subject to a few statutory exceptions, this means a NIP posted on Day 14 could never be served in time.
Graham-wepnw said:
What I really want to know if anyone has had their intended prosecution cancelled due to the NIP being out of time? If so did the police drop it or did you have to go to court to get it dropped?
Thanks.
As Paintman said, is the vehicle registered in your name and address?Thanks.
Graham-wepnw said:
What I really want to know if anyone has had their intended prosecution cancelled due to the NIP being out of time? If so did the police drop it or did you have to go to court to get it dropped?
As Paintman has already asked -Who is the Registered Keeper of the vehicle ?
Are their address details correct on the V5/C ?
When was the current V5/C issued ?
WrekinCrew said:
We're still waiting for you to confirm you are the Registered Keeper on the V5 and the address is correct.
Yes, vehicle is in my name and at my address. It was the first NIP not a final reminder. Apart from when it came in the post, the issue date on it is 6 weeks after the speeding offence.paintman said:
Is the vehicle registered in your name?
And was your address at the time of the alleged offence current & correct?
If you're not the registered keeper then providing the first NIP was sent to arrive at their address within the 14 days the service is good.
That will be accompanied by a S172 to notify details of driver.
Normal practice once the S172 has been returned is for the driver to be sent an NIP but it isn't legally required.
If you are the keeper but you have an old address shown & the first NIP has been sent to that address (as above) then the service is good.
Have a search for agtlaw's post as he goes into it in much more detail
Thanks, I have read one of agtlaw’s posts and am going to use their template. And was your address at the time of the alleged offence current & correct?
If you're not the registered keeper then providing the first NIP was sent to arrive at their address within the 14 days the service is good.
That will be accompanied by a S172 to notify details of driver.
Normal practice once the S172 has been returned is for the driver to be sent an NIP but it isn't legally required.
If you are the keeper but you have an old address shown & the first NIP has been sent to that address (as above) then the service is good.
Have a search for agtlaw's post as he goes into it in much more detail
Form letter for OP's scenario helpfully provided by our resident expert in an earlier thread here:
https://www.pistonheads.com/gassing/topic.asp?h=0&...
(Assuming this really is as cut and dried a case of late service as it seems)
https://www.pistonheads.com/gassing/topic.asp?h=0&...
(Assuming this really is as cut and dried a case of late service as it seems)
Graham-wepnw said:
ferret50 said:
Day of offence does not count, so your ticket was correctly issued on the 14th day.
Tough titties!
Thanks for that but if you read my post, offence was on 14/1, NIP issued 29/2 that’s 6 weeks later! Tough titties!
In answer to your question, yes. I had one issued on day 13 not long ago and it was cancelled. I posted on here, to clarify that I wasn't mistaken, got a number of posts like the one from ferret50, but some helpful ones too. AGT obliged with with a letter template and it was withdrawn. Not before the Safety Camera Partnership got themselves all confused, but I did receive a nice apology eventually.
Simpo Two said:
SS2. said:
Graham-wepnw said:
It was the first NIP not a final reminder..
How do you know this was the first NIP to have been issued ?Speed Matters | Speed, Plod & the Law | Top of Page | What's New | My Stuff