NIP for speeding received far too late

[andrew1986]

My brother has just returned home from working away for the past week to find a NIP for speeding in a 30 however the date of the offence is from August so it exceeds the 14 day rule by a considerable distance

However there doesn't appear to be any date on the letter indicating when it was typed or sent what does he need to do next?

As for the offends itself it was deffnately him he recalls the incident it was somewhere he hadn't been before and claims the road went from 40-30 and the camera was just as he entered the 30 but tbh I've been in his car and to say he's heavy footed would be an understatement he's recently been on a SAC and isn't doing himself any favours

Kid brothers eh

[andrew1986]

He's just showed me the letter the date of the offence is actually July not August 25/07/15 and there is a date above the reference no sent 06/10/15 by god that's a bit on the late side

Edited by andrew1986 on Tuesday 27th October 13:48

[andrew1986]

[ModernAndy]

somebody will be along quickly to completely contradict me and give you the correct answer but is that not a form for your brother to declare the driver (i.e. not a FPN, etc.) and do the police not have 6 months to send it in certain instances?

[Geekman]

Is it a lease car? Whose name is on the V5?

[andrew1986]

its his own car all details with the dvla and the v5 are correct hes owned the car for around a year

ive found a template for him to follow to send back rejecting the NIP on the grounds that it was sent too late but does he need to fill in any parts of the back page?

[Phil Dicky]

Could this be part of a paper trail the initial letter going via the lease company if it's a lease car?

[andrew1986]

hes not leasing the car its his own car

[JayBM]

They have 14 days to serve the NIP on the registered keeper of the vehicle.

Is your brother the registered keeper of the vehicle? Is the address on the V5 his current address? Has he moved in the period between the offence and the letter?

If he is the registered keeper and his address is up to date then the late delivery of the NIP may provide him with a defence against the speeding offence. What it does not do is remove the requirement to provide the details of the driver within 28 days of the s172 notice. If he doesn't do this he's likely to be charged with an offence under that which carries greater punishment than the initial speeding.

[andrew1986]

yeah its his car hes the registered keeper ive found this template to send in http://www.nopenaltypoints.co.uk/template-speeding...

should he still fill in all the details on the s172?

[JayBM]

My understanding is that you need to complete the s172 and include a covering letter explaining that the notice was time expired, which the template you've linked to does.

[andrew1986]

So he should confirm part 1 admitting he was driving at the time?

[JayBM]

I haven't seen one of the forms in a few years, he needs to complete which ever sections of the form require him to identify the driver under s172.

[ferrariF50lover]

andrew1986 said:

So he should confirm part 1 admitting he was driving at the time?

Yes.

[SS2.]

andrew1986 said:

So he should confirm part 1 admitting he was driving at the time?

Yes.

Irrespective whether the NIP was served in or out of time, his obligation to respond to the s.172 request remains. If he fails to provide the information requested, he could be liable for 6 points, a fine & costs and 5 years of increased insurance premiums.

[andrew1986]

cheers for the advice lads sadly I doubt this will be his last speeding ticket he might be my brother but the knacker thinks hes lewis hamilton