Company Car NIP received

[MOBB]

One of our company cars has attracted an NIP - 87 in a 70.

Date of offence was 13/1/20, NIP is dated 10/2/20.

So I assume this can be disputed due to time-barring? Does it make any difference that it is a company car? The letter is to the company name, and they are asking for the name and address of the driver.

If it is disputed, is there any template letter for this kind of thing?

Cheers

[SS2.]

Whose name is on the V5C - the company, or a lease / finance company ?

[MOBB]

The Company name

[martinbiz]

14 day rule only applies to the reg keeper

[paintman]

The NIP must be served on the registered keeper of the vehicle within the 14 days as prescribed.
Normally the RK would notify them of the user of the vehicle & a further NIP - not time barred - would be sent to that person.
So your first job is to find out who the RK is & when they received the original NIP.

[MOBB]

paintman said:

The NIP must be served on the registered keeper of the vehicle within the 14 days as prescribed.
Normally the RK would notify them of the user of the vehicle & a further NIP - not time barred - would be sent to that person.
So your first job is to find out who the RK is & when they received the original NIP.

RK is the Company, and we received the original NIP today (11/2/20).

[martinbiz]

MOBB said:

The Company name

You may have a case then

[paintman]

+1.
There are circumstances when it could be deemed served even though received late & I think agtlaw has gone into these previously, so be an idea to do a search or wait until he arrives.

Edited by paintman on Tuesday 11th February 12:36

[Fastdruid]

MOBB said:

One of our company cars has attracted an NIP - 87 in a 70.

Date of offence was 13/1/20, NIP is dated 10/2/20.

So I assume this can be disputed due to time-barring? Does it make any difference that it is a company car? The letter is to the company name, and they are asking for the name and address of the driver.

If it is disputed, is there any template letter for this kind of thing?

http://www.nopenaltypoints.co.uk/template-speeding-nip-not-received-time.html

As others have said, the first S172/NIP needs to be served (which means delivered not posted) to the registered keeper *within* 14 days where day 0 is the date of offence. It would have needed to be *delivered* by the 28th Jan to be valid.

Note however that this is different to the Section 172, that is still valid even if late, you *have* to tell them (or make all reasonable efforts to ascertain) who was driving.

You have to be careful that it was not a repeat, that you haven't changed addresses recently or registered keeper but it would appear that you may be "in luck".

[SS2.]

MOBB said:

The Company name

Have you seen the V5C ?

Are the details correct ?

[MOBB]

SS2. said:

MOBB said:

The Company name

Have you seen the V5C ?

Are the details correct ?

Aha

When I said the RK was the Company, I was being stupid.............the car is actually a lease car, and the lease company have the V5C.

So I assume therefore that they have written to the lease company (probably in time) and the lease company has given them the Company details.

So the driver has to suck it up :-)

Thanks for the replies, apologies for the misinformation

[the tribester]

MOBB said:

One of our company cars has attracted an NIP - 87 in a 70.

Date of offence was 13/1/20, NIP is dated 10/2/20.

Cheers

Why would they even send out a NOIP so long (i.e more than 14 days) after the date of offence?

[MOBB]

the tribester said:

MOBB said:

One of our company cars has attracted an NIP - 87 in a 70.

Date of offence was 13/1/20, NIP is dated 10/2/20.

Cheers

Why would they even send out a NOIP so long (i.e more than 14 days) after the date of offence?

I think the original would have been to the lease company, what we have received today is the second letter once the lease co told them our details.

[martinbiz]

MOBB said:

I think the original would have been to the lease company, what we have received today is the second letter once the lease co told them our details.

Think you’re scuppered then. For you to have got the 2nd one that quick it would be very doubtful the first was late to the lease co. Maybe worth checking though

[SS2.]

the tribester said:

Why would they even send out a NOIP so long (i.e more than 14 days) after the date of offence?

Relying on people's ignorance of the law.

Regardless, the point is moot - if the lease co. received the NIP within 14 days of the alleged offence, the requirements of service would appear to have been satisfied..

[the tribester]

SS2. said:

the tribester said:

Why would they even send out a NOIP so long (i.e more than 14 days) after the date of offence?

Relying on people's ignorance of the law.

Regardless, the point is moot - if the lease co. received the NIP within 14 days of the alleged offence, the requirements of service would appear to have been satisfied..

Then I'm guessing the OPs companys name and address is not on the V5, but that of the leasing company?

[SS2.]

the tribester said:

SS2. said:

the tribester said:

Why would they even send out a NOIP so long (i.e more than 14 days) after the date of offence?

Relying on people's ignorance of the law.

Regardless, the point is moot - if the lease co. received the NIP within 14 days of the alleged offence, the requirements of service would appear to have been satisfied..

Then I'm guessing the OPs companys name and address is not on the V5, but that of the leasing company?

It would appear so, yes.

[martinbiz]

Are you not reading the thread???

[the tribester]

martinbiz said:

Are you not reading the thread???

I missed the OPs update, scrolled down too quick on the phone, about his company not now being on the V5, sorry.