NIP Received Late - what to do?
NIP Received Late - what to do?
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anonymous-user

Original Poster:

83 months

Friday 5th June 2020
quotequote all
So I have an NIP landed today from a camera van on a journey we did on the 21st May. The speed was for 71 on a dual carrigeway in one of our works vans.

Commercial vehicle limit is 60mph, rather than the normal 70mph on dual carriageways, but this particular van was a VW Combi (side and rear windows, extra row of seats and weight within the required limits), so also classified as a 'dual purpose vehicle', which means that the speed limit is revised to 70mph rather than 60mph.

So I was 1mph over the limit.

The NIP arrived in the post today, so 15 days after the alleged incident. I believe that if not received within 14 days then the NIP is not valid. Is this correct?

The post with us at present seems to be arriving in batches, none for several days and then a few letters arrive together wrapped in elastic bands. Guessing this has something to do with perhaps reduced deliveries during Covid-19. The date on the NIP is the 29th May but there is no indication when this was actually posted. There is no postmark or date stamp the envelope to check this.

So which route do we go down. Technically I was still 1mph over the limit so would this wash? Can I rely on the 14 day thing? How could I prove this without a date stamp or tracking details on the envelope?

Edited by anonymous-user on Friday 5th June 22:26

BertBert

21,260 posts

240 months

Friday 5th June 2020
quotequote all
I presume that you are the RK?

anonymous-user

Original Poster:

83 months

Friday 5th June 2020
quotequote all
BertBert said:
I presume that you are the RK?
My company is but I was also the driver.

Solocle

4,196 posts

113 months

Friday 5th June 2020
quotequote all
Andy20vt said:
So I have an NIP landed today from a scamera van on a journey we did on the 21st May. The speed was for 71 on a dual carrigeway in one of our works vans.

Commercial vehicle limit is 60mph, rather than the normal 70mph on dual carriageways, but this particular van was a VW Combi (side and rear windows, extra row of seats and weight within the required limits), so also classified as a 'dual purpose vehicle', which means that the speed limit is revised to 70mph rather than 60mph.

So I was 1mph over the limit.

The NIP arrived in the post today, so 15 days after the alleged incident. I believe that if not received within 14 days then the NIP is not valid. Is this correct?

The post down here with us in Devon seems to be arriving in batches, none for several days and then a few letters arrive together wrapped in elastic bands. Guessing this has something to do with perhaps reduced deliveries during Covid-19. The date on the NIP is the 29th May but there is no indication when this was actually posted. There is no postmark or date stamp the envelope to check this.

So which route do we go down. Technically I was still 1mph over the limit so would this wash? Can I rely on the 14 day thing? How could I prove this without a date stamp or tracking details on the envelope?
I think at 71 mph you can question the accuracy of the measurement - device tolerance is listed as 73 mph!

As you're not RK, the NIP was probably sent to the company first, so fulfills the 14 day requirement.

It sounds like you're porbably going to have to decide whether to refuse the SAC/FPN offer on the grounds that the speed limit being enforced was wrong... it would be interesting to see how a 71/70 fared in court! jester

anonymous-user

Original Poster:

83 months

Friday 5th June 2020
quotequote all
Solocle said:
I think at 71 mph you can question the accuracy of the measurement - device tolerance is listed as 73 mph!

As you're not RK, the NIP was probably sent to the company first, so fulfills the 14 day requirement.

It sounds like you're porbably going to have to decide whether to refuse the SAC/FPN offer on the grounds that the speed limit being enforced was wrong... it would be interesting to see how a 71/70 fared in court! jester
Sorry just checked the NIP and V5, my name and home address is on there as RK, my mistake. So the NIP has come straight here. The van is owned by the business though, not that this makes any difference.

Drawweight

3,596 posts

145 months

Friday 5th June 2020
quotequote all

Does the NIP tell you the limit that you have exceeded?

Are you being charged with doing over 60 or 70?

Excuse me if this is a naive question..it’s been a few years since I had one of these.

anonymous-user

Original Poster:

83 months

Friday 5th June 2020
quotequote all
Drawweight said:
Does the NIP tell you the limit that you have exceeded?

Are you being charged with doing over 60 or 70?

Excuse me if this is a naive question..it’s been a few years since I had one of these.
The NIP has a reference of 71/60 so I presume it's for being 11mph over 60mph.

2 sMoKiN bArReLs

32,007 posts

264 months

Friday 5th June 2020
quotequote all
I don't know much about these matters (or anything else really)...

...but can a Kombi weigh less than 2 tonnes when fitted with seats etc? Just curious really.

2 sMoKiN bArReLs

32,007 posts

264 months

Friday 5th June 2020
quotequote all
Just googled it...

.....maybe just!

martinbiz

3,698 posts

174 months

Friday 5th June 2020
quotequote all
It's not just about weight, it needs to be built on a car derived platform

anonymous-user

Original Poster:

83 months

Friday 5th June 2020
quotequote all
2 sMoKiN bArReLs said:
I don't know much about these matters (or anything else really)...

...but can a Kombi weigh less than 2 tonnes when fitted with seats etc? Just curious really.
Dual Purpose Vehicle limit is 2040kg unladen. This one of our vans according to VW spec sheet is 2023kg unladen, so just inside.

anonymous-user

Original Poster:

83 months

Friday 5th June 2020
quotequote all
martinbiz said:
It's not just about weight, it needs to be built on a car derived platform
It doesn't - we've had this previously clarified. Car derived vans are subject to normal passenger vehicle speed limits.

2 sMoKiN bArReLs

32,007 posts

264 months

Friday 5th June 2020
quotequote all
martinbiz said:
It's not just about weight, it needs to be built on a car derived platform
Not so, car derived is different to dual purpose

2 sMoKiN bArReLs

32,007 posts

264 months

Friday 5th June 2020
quotequote all
Andy20vt said:
2 sMoKiN bArReLs said:
I don't know much about these matters (or anything else really)...

...but can a Kombi weigh less than 2 tonnes when fitted with seats etc? Just curious really.
Dual Purpose Vehicle limit is 2040kg unladen. This one of our vans according to VW spec sheet is 2023kg unladen, so just inside.
That's not an accident is it. thumbup

2 sMoKiN bArReLs

32,007 posts

264 months

Friday 5th June 2020
quotequote all
2 sMoKiN bArReLs said:
martinbiz said:
It's not just about weight, it needs to be built on a car derived platform
Not so, car derived is different to dual purpose
I only just learned this though by reading The Road Vehicles (Construction and Use) Regulations 1986. I need to get out more hehe

OverSteery

3,794 posts

260 months

Friday 5th June 2020
quotequote all
Andy20vt said:

The NIP arrived in the post today, so 15 days after the alleged incident. I believe that if not received within 14 days then the NIP is not valid. Is this correct?
I googled this today (I was flashed on the 19th and have yet to receive anything).
Alas it appears it's not that simple. It needs to be posted such that it would usually arrive within 14 days, so if its taken a week due to Covid or a postal strike is can be more than 14 days and still valid.

anonymous-user

Original Poster:

83 months

Friday 5th June 2020
quotequote all
anonymous said:
[redacted]
No it doesn't but no V5 will - it's just a specific criteria the DVLA have. I'm happy to accept it is qualified for DPV, my question was how to respond to the ticket.

anonymous-user

Original Poster:

83 months

Friday 5th June 2020
quotequote all
OverSteery said:
I googled this today (I was flashed on the 19th and have yet to receive anything).
Alas it appears it's not that simple. It needs to be posted such that it would usually arrive within 14 days, so if its taken a week due to Covid or a postal strike is can be more than 14 days and still valid.
Really? That does not sound very fair. If it went first class yesterday then it wouldn't have been with me in 14 days. If it was posted a week ago then it would. Any way to prove which day it was posted?

tedblog

1,442 posts

109 months

Friday 5th June 2020
quotequote all
OverSteery said:
Andy20vt said:

The NIP arrived in the post today, so 15 days after the alleged incident. I believe that if not received within 14 days then the NIP is not valid. Is this correct?
I googled this today (I was flashed on the 19th and have yet to receive anything).
Alas it appears it's not that simple. It needs to be posted such that it would usually arrive within 14 days, so if its taken a week due to Covid or a postal strike is can be more than 14 days and still valid.
I believe its when its posted to you within the 14 days not that you have to receive it in 14 days

Oceanrower

1,359 posts

141 months

Friday 5th June 2020
quotequote all
You believe wrong.