NOIP - Are there any rules about issue dates?

[Chim Girl]

One of my friends has a NOIP dated 05/11/07, which was addressed to her employer, relating to an offence (36mph in a 30) committed on the 08/09/07. Her employer declared who the driver was and returned the completed documentation. As a result, she received a NOIP addressed to her at her home address, dated 09/11/07. Something in the dark recesses of my brain suggests that there is a time limit of 14 or 28 days for a NOIP - both of which have expired.

Have I lost my marbles, or is there something she can do here?

[andy_quantum]

It's the one that went to the employer/registered keeper that would have needed to get there within 14 days, any further NIP's arent bound by that timescale.

[Boosted LS1]

The 14 day postal time limit is for the original NIP. After that they have plenty of time to send out the second NIP iirc.

Boosted.

[Kinky]

Jo,

The 15 days applies to them getting in contact with the registered owner (the company) - which it looks like they did.

K

[Boosted LS1]

Heck, you never get a bus when you want it yet you get 3 replies all within the same minute!

[delboy735]

if those dates are correct, the 1st NOIP was sent out 58 days after the offence.

[Chim Girl]

Ummm, the offence was 8th SEPTEMBER, the notice snet to her employer is dated 5th NOVEMBER, some 8 weeks and 2 days after the event. So the 14/15 day limit has been exceeded, and then some! What should she do now?

Did October get cancelled everywhere other than Leeds?

Edited by Chim Girl on Saturday 10th November 20:54

[andy_quantum]

Is the employer the registered keeper on the V5?

ETA - sometimes in a finance or lease deal the V5 is retained by the finance company, so there could have been a few NIPs going back and forth

Edited by andy_quantum on Saturday 10th November 20:53

[Chim Girl]

andy_quantum said:

Is the employer the registered keeper on the V5?

Yes

[dazren]

Hmmmmm. Do the company have any way of proving when they received the first NOIP? Eg the envelope or date of issue on the form?

Can your mate claim the S172 was invalidily issued therefore any info gained from it should be inadmissable?

DAZ
(Not a lawyer)

[Chim Girl]

dazren said:

Hmmmmm. Do the company have any way of proving when they received the first NOIP?

I have a copy of the first NOIP here, the letter is clearly dated 05/11/07, addressed to her employer. Surely no need for an envelope as the letter clearly states the issue date.

The second one, dated 09/11/07 is addressed to her, at home.

[dazren]

She needs to speak to a motoring lawyer ASAP before replying.

[Kinky]

I'd take Dazs' advice - if everything is as it seems

K

[SS2.]

Chim Girl said:

andy_quantum said:

Is the employer the registered keeper on the V5?

Yes

Hmm.. Personally, I'd double check that the RK isn't a lease / finance company - the scammers are not normally in the habit of issuing an initial NIP quite so late..

If it transpires that the Company is the RK, then the RAC letter (on pepipoo) deals with late service of NIPs.

[Chim Girl]

Do lease companies really keep the V5? I used to work for one of the largest vehicle finance co's in the UK, we never held V5's. I guess the only way to answer that question is to call her boss in the morning.

Thanks for your help guys, I'll update as it proceeds.

[andy_quantum]

I'd be inclined to respond to the S172 and worry about the rest later, if it turns out that the first NIP went to the finance company if they're the registered keeper then there's every chance your friend will get both the excess speed and failure to identify the driver thrown at them while a decision is made which one to really go for.

I'm sure there'll be a reminder sent, but its worth doing what they asked for in naming the driver first.

[Chim Girl]

andy_quantum said:

I'm sure there'll be a reminder sent, but its worth doing what they asked for in naming the driver first.

Hasn't the driver has already been identified...? She was sent a NoIP at home, addressed to her, not her employer. Or am I being blonde again...

[SS2.]

Chim Girl said:

Hasn't the driver has already been identified...?

Not to the required criminal standard, no.

Until your friend signs a statement confirming that she was the driver at the time of the alleged offence, then there exists no admissible evidence of driver identity - her employer's nomination of her as the driver is of negligible evidential value as far as the alleged speeding offence is concerned,.