NIP Recieved and dated 07th Jan offence date 16th Nov
Discussion
John Laverick said:
Plates were changed 23/11/19 If that makes any difference?
That will likely make all the difference.The police / SCP have an exemption from complying with the 14 day requirement of service if, despite exercising reasonable diligence, they were unable to ascertain the correct details of the RK. If they applied for the RK's details whilst the plate change was in progress, it's unlikely they would have been able to obtain the correct address in time.
Even if the NIP was served out of time, you must ensure you respond to the s.172 request within 28 days from when the requirement was served - this will normally be taken as 2 business days after posting.
I'd be inclined to complete (and sign) the form and ensure it is received by the SCP towards the end of (but not later than) the 28 days required,
SS2. said:
That will likely make all the difference.
The police / SCP have an exemption from complying with the 14 day requirement of service if, despite exercising reasonable diligence, they were unable to ascertain the correct details of the RK. If they applied for the RK's details whilst the plate change was in progress, it's unlikely they would have been able to obtain the correct address in time.
Even if the NIP was served out of time, you must ensure you respond to the s.172 request within 28 days from when the requirement was served - this will normally be taken as 2 business days after posting.
I'd be inclined to complete (and sign) the form and ensure it is received by the SCP towards the end of (but not later than) the 28 days required,
If the plates are changed online, is it not an instantaneous thing, with no delay ? The police / SCP have an exemption from complying with the 14 day requirement of service if, despite exercising reasonable diligence, they were unable to ascertain the correct details of the RK. If they applied for the RK's details whilst the plate change was in progress, it's unlikely they would have been able to obtain the correct address in time.
Even if the NIP was served out of time, you must ensure you respond to the s.172 request within 28 days from when the requirement was served - this will normally be taken as 2 business days after posting.
I'd be inclined to complete (and sign) the form and ensure it is received by the SCP towards the end of (but not later than) the 28 days required,
bullitinhead said:
is the car a rental or lease car, is the V5 in your/her name?
bullit
It's a personal contract lease, V5 in her name with the correct address. It's a brand new car delivered 1st of Oct and from memory the V5 arrived around towards the end of Oct (will need to double check)bullit
John Laverick said:
The plates were changed online so instant swop over.
But isn't that the problem? Offence (possibly) committed 16/11. Details sought e.g. 10 days later (26th). In the meantime a plate change has occurred so no RK listed against the photographed plate. Further research carried out by a team of detectives / Interpol etc. resulting in a later than usual issue of the NIP.speedking31 said:
ut isn't that the problem? Offence (possibly) committed 16/11. Details sought e.g. 10 days later (26th). In the meantime a plate change has occurred so no RK listed against the photographed plate. Further research carried out by a team of detectives / Interpol etc. resulting in a later than usual issue of the NIP.
You could well be right ... probably worth sending the letter stating you're outside the 14days and see what happens? John Laverick said:
You could well be right ... probably worth sending the letter stating you're outside the 14days and see what happens?
To be honest Probably not, the timeline makes it pretty obvious, police apply for details on or after 23/11 plate doesn’t match, investigate to find new number, raise nip send out, all happens around Xmas with DVLA shut plus postal congestion and there’s your answerspeedking31 said:
ut isn't that the problem? Offence (possibly) committed 16/11. Details sought e.g. 10 days later (26th). In the meantime a plate change has occurred so no RK listed against the photographed plate. Further research carried out by a team of detectives / Interpol etc. resulting in a later than usual issue of the NIP.
ThisHow does changing the plate make any difference?
AA11AAA
23 Acacia Avenue
Town
changes to:
BB22BBB
23 Acacia Avenue
Town
before the change putting AA11AAA in the DVLA computer comes up with the correct address
immediately after the change the old plate is linked to the new - so the car will now be stored at the DVLA as BB22BBB used to be AA11AAA
still at the same address
so any search the police do should have shown the correct address at any point - the old plate is still linked to the same car - we write code using the API to DVLA information and it gives us a full history of plate changes going back 20+ years
AA11AAA
23 Acacia Avenue
Town
changes to:
BB22BBB
23 Acacia Avenue
Town
before the change putting AA11AAA in the DVLA computer comes up with the correct address
immediately after the change the old plate is linked to the new - so the car will now be stored at the DVLA as BB22BBB used to be AA11AAA
still at the same address
so any search the police do should have shown the correct address at any point - the old plate is still linked to the same car - we write code using the API to DVLA information and it gives us a full history of plate changes going back 20+ years
There isn’t a time limit to serve a s.172 requirement to give driver information.
The worst thing you could do is not respond / send an unsigned response.
A foolish response would be to reply querying the time taken to serve the Notice of Intended Prosecution and or request photographs, etc.
The correct response is to complete the driver information form and return it by Signed For post within the appropriate timeframe - including a cover letter querying the date of service.
As identified above, section 2 of the Road Traffic Offenders Act 1988 provides for various exceptions to the “14 day rule.”
The worst thing you could do is not respond / send an unsigned response.
A foolish response would be to reply querying the time taken to serve the Notice of Intended Prosecution and or request photographs, etc.
The correct response is to complete the driver information form and return it by Signed For post within the appropriate timeframe - including a cover letter querying the date of service.
As identified above, section 2 of the Road Traffic Offenders Act 1988 provides for various exceptions to the “14 day rule.”
akirk said:
the old plate is linked to the new - so the car will now be stored at the DVLA as BB22BBB used to be AA11AAA
still at the same address
I would like to see some sort of proof that is the case, I am no expert on how the DVLA deal with this, but I would have thought the old plate would have now no keeper and go into an unissued state as such, which of course can still be linked to the new plate with some investigative work by the DVLA, hence the delay still at the same address
martinbiz said:
I would like to see some sort of proof that is the case, I am no expert on how the DVLA deal with this, but I would have thought the old plate would have now no keeper and go into an unissued state as such, which of course can still be linked to the new plate with some investigative work by the DVLA, hence the delay
Whenever I've changed my plate back , I've always had the original number returned (although I think the DVLA say they can't always guarantee this) martinbiz said:
I would like to see some sort of proof that is the case, I am no expert on how the DVLA deal with this, but I would have thought the old plate would have now no keeper and go into an unissued state as such, which of course can still be linked to the new plate with some investigative work by the DVLA, hence the delay
When you take the personal reg off, original number will be assigned back to car.Aluminati said:
When you take the personal reg off, original number will be assigned back to car.
Errr not always, I had an age related but different number given back to me a few years ago, when l queried it, I was told it had been taken out of circulation due to the time lapse. It had been off the car for nearly 10 years, so there is a time factor in there somewhere that obviously has bearing on what they domartinbiz said:
akirk said:
the old plate is linked to the new - so the car will now be stored at the DVLA as BB22BBB used to be AA11AAA
still at the same address
I would like to see some sort of proof that is the case, I am no expert on how the DVLA deal with this, but I would have thought the old plate would have now no keeper and go into an unissued state as such, which of course can still be linked to the new plate with some investigative work by the DVLA, hence the delay still at the same address
I would expect the police to be able to search in either direction (would take a few hours to write such a search), the data is already linked as needed at the dvla... and with instant changes of plates and no change of address, there is no excuse
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff