Speeding 55 in a 40... NIP arrives 24 days after
Speeding 55 in a 40... NIP arrives 24 days after
Author
Discussion

Castamere

Original Poster:

49 posts

124 months

Wednesday 31st January 2018
quotequote all
Would really appreciate advice... is it true that these things can be appealed if they arrive after 14 days? See screenshot below.



Yes I was caught fair and square but in my defence, those average speed cameras were only installed the month before and it's on a route I was unfamilar with. No real excuse... but just context.


kiethton

14,649 posts

210 months

Wednesday 31st January 2018
quotequote all
Is the V5 in your name?
Have you moved home recently?

Depending on the answers to the above you may have a case, however, you still need to reply to the NIP naming the driver, else you may be prosecuted for failing to disclose, an offence carrying 6 points....

Castamere

Original Poster:

49 posts

124 months

Wednesday 31st January 2018
quotequote all
No, it's a personal lease so V5 will be in the name of the lease firm I assume. I'd only had the car two days... clearly got overexcited.

kiethton

14,649 posts

210 months

Wednesday 31st January 2018
quotequote all
In that case the lease co will have got the NIP and nominated you as the driver. The 14 day rule only applies to the original NIP sent to the registered keeper (lease co.). Given that its now only 24 days later and they have received it, nominated you and sent another letter to you this almost definitely happened within time so unlikely to be a get out I'm afraid.

Castamere

Original Poster:

49 posts

124 months

Wednesday 31st January 2018
quotequote all
OK thanks for your help mate.

7795

1,071 posts

211 months

Wednesday 31st January 2018
quotequote all
Seconded...

...what car DID you drive?

The Surveyor

7,624 posts

267 months

Wednesday 31st January 2018
quotequote all
Castamere said:
OK thanks for your help mate.
It may not be any comfort, but you may also get a admin bill from lease company for passing on your details.

Lee540

1,586 posts

174 months

Wednesday 31st January 2018
quotequote all
Back in 2015 when I was caught speeding, my NIP didn't arrive for 3 months..

Still ended up with 6 points and a £500 fine..

cmaguire

3,589 posts

139 months

Wednesday 31st January 2018
quotequote all
Nobody has mentioned that the issuing office have put a very visible notification on this NIP, probably with a red background, informing that they have already submitted an NIP to the registered keeper within the 14 day deadline.

ghe13rte

1,860 posts

146 months

Wednesday 31st January 2018
quotequote all
Castamere said:
Would really appreciate advice... is it true that these things can be appealed if they arrive after 14 days? See screenshot below.



Yes I was caught fair and square but in my defence, those average speed cameras were only installed the month before and it's on a route I was unfamilar with. No real excuse... but just context.
How does that form a defence?
Are you saying that when the cameras are not there you exceed the limit because there is no enforcement? A poor defence indeed...give it a go.

The Rookie

286 posts

227 months

Wednesday 31st January 2018
quotequote all
Too fast for a course, will be an offer of 3pts and £100 fine which you'd probably be foolish not to accept.

rigga

8,806 posts

231 months

Wednesday 31st January 2018
quotequote all
Lee540 said:
Back in 2015 when I was caught speeding, my NIP didn't arrive for 3 months..

Still ended up with 6 points and a £500 fine..
Your car was leased I presume? Otherwise care to elaborate .....

Gavia

7,627 posts

121 months

Wednesday 31st January 2018
quotequote all
Castamere said:
Would really appreciate advice... is it true that these things can be appealed if they arrive after 14 days? See screenshot below.



Yes I was caught fair and square but in my defence, those average speed cameras were only installed the month before and it's on a route I was unfamilar with. No real excuse... but just context.
Brockholes Brow on the approach to the M6? st drivers meant that dropped from a 60 to a 40 and even stter drivers have now forced average speed cameras on us. Some other great driving roads have been ruined too

Lee540

1,586 posts

174 months

Wednesday 31st January 2018
quotequote all
rigga said:
Your car was leased I presume? Otherwise care to elaborate .....
Nah, my own vehicle.. I got stopped and given caution at roadside. Then forgot about it, paperwork turned up 3 months later with the court date just 2 weeks after that!

Gavia

7,627 posts

121 months

Wednesday 31st January 2018
quotequote all

Lee540 said:
Back in 2015 when I was caught speeding, my NIP didn't arrive for 3 months..

Still ended up with 6 points and a £500 fine..
Lee540 said:
Nah, my own vehicle.. I got stopped and given caution at roadside. Then forgot about it, paperwork turned up 3 months later with the court date just 2 weeks after that!
You might want to revisit your understanding of what a NIP is. You received yours verbally at the roadside. NIPs are only posted to you when you weren’t stopped to advise you unsurprisingly of the intention to prosecute. There’s also a S172 for you to advise them who the driver was. Again, not needed when you’ve been stopped.

Quite often the paperwork and court date don’t arrive until a few days before six months has elapsed.

Lee540

1,586 posts

174 months

Thursday 1st February 2018
quotequote all
Gavia said:
Lee540 said:
Back in 2015 when I was caught speeding, my NIP didn't arrive for 3 months..

Still ended up with 6 points and a £500 fine..
Lee540 said:
Nah, my own vehicle.. I got stopped and given caution at roadside. Then forgot about it, paperwork turned up 3 months later with the court date just 2 weeks after that!
You might want to revisit your understanding of what a NIP is. You received yours verbally at the roadside. NIPs are only posted to you when you weren’t stopped to advise you unsurprisingly of the intention to prosecute.
Ok.

jshell

12,106 posts

235 months

Thursday 1st February 2018
quotequote all
cmaguire said:
Nobody has mentioned that the issuing office have put a very visible notification on this NIP, probably with a red background, informing that they have already submitted an NIP to the registered keeper within the 14 day deadline.
biglaugh

jm doc

2,944 posts

262 months

Thursday 1st February 2018
quotequote all
As I understand it, there is less responsibilty on you to identify the driver than there is on the registered keeper, and given the fact that a significantly larger amount of time has passed since the offence took place this can be used in your defence. (if you feel unable to identify the driver) (Just because the NIP is addressed to you doesn't mean you are the driver, unless no one else is allowed to drive your car)

Gavia

7,627 posts

121 months

Thursday 1st February 2018
quotequote all
jm doc said:
As I understand it, there is less responsibilty on you to identify the driver than there is on the registered keeper, and given the fact that a significantly larger amount of time has passed since the offence took place this can be used in your defence. (if you feel unable to identify the driver) (Just because the NIP is addressed to you doesn't mean you are the driver, unless no one else is allowed to drive your car)
OP, I’d suggest completely ignoring this drivel.

Stoofa

959 posts

198 months

Thursday 1st February 2018
quotequote all
jm doc said:
As I understand it, there is less responsibilty on you to identify the driver than there is on the registered keeper, and given the fact that a significantly larger amount of time has passed since the offence took place this can be used in your defence. (if you feel unable to identify the driver) (Just because the NIP is addressed to you doesn't mean you are the driver, unless no one else is allowed to drive your car)
It's my understand you are not aware what an S172 request is.
Do you honestly think that standing in court and saying "well magistrates, I think it's the lease company's responsibility to identify the driver far more than it is mine" is really going to go well for anyone?