Quick NIP question, purely academic now.
Discussion
One of my work vans was caught speeding at 35 in a 30mph zone on the 5th of December 2016. The issue date on the NIP was dated fourteen days later, the 19th of December. Because of the Christmas holidays and post etc it wasn't delivered before the 24th the date we closed for holidays but was delivered between the 27th and 3rd of January..
It took some digging to actually work out who was driving that day and time, as there are as many as 5 different people who are insured to drive it, and obviously it was a month after it happened. Anyway we sorted it and off they went on a SAC.
Reason for my post. It's just academic now, but was it served in time? Just interested in case it happens again, and if so if it' happens at that time of year and we can't remember who was driving it, then what would we do.
It took some digging to actually work out who was driving that day and time, as there are as many as 5 different people who are insured to drive it, and obviously it was a month after it happened. Anyway we sorted it and off they went on a SAC.
Reason for my post. It's just academic now, but was it served in time? Just interested in case it happens again, and if so if it' happens at that time of year and we can't remember who was driving it, then what would we do.
Wozy68 said:
One of my work vans was caught speeding at 35 in a 30mph zone on the 5th of December 2016. The issue date on the NIP was dated fourteen days later, the 19th of December. Because of the Christmas holidays and post etc it wasn't delivered before the 24th the date we closed for holidays but was delivered between the 27th and 3rd of January..
It took some digging to actually work out who was driving that day and time, as there are as many as 5 different people who are insured to drive it, and obviously it was a month after it happened. Anyway we sorted it and off they went on a SAC.
Reason for my post. It's just academic now, but was it served in time? Just interested in case it happens again, and if so if it' happens at that time of year and we can't remember who was driving it, then what would we do.
Is your business the registered keeper, or is there a lease company in the middle?It took some digging to actually work out who was driving that day and time, as there are as many as 5 different people who are insured to drive it, and obviously it was a month after it happened. Anyway we sorted it and off they went on a SAC.
Reason for my post. It's just academic now, but was it served in time? Just interested in case it happens again, and if so if it' happens at that time of year and we can't remember who was driving it, then what would we do.
If you try the "We couldn't remember, it was too long" line, you'd have to demonstrate that it's somehow unreasonable to suggest your business should keep written records of who's driving what for a whole month...
^^This^^
Provided the van was not leased (i.e. the OP's company is the RK), the NIP will have been the original and out of time.
If so, the driver has been shafted because he can't go on another SAC within 3 years should he get caught again.
See Gidden v Chief Constable of Humberside.
Short version: http://swarb.co.uk/gidden-v-chief-constable-of-hum...
Long version: http://www.bailii.org/ew/cases/EWHC/Admin/2009/292...
As this was decided on appeal to the High Court it is binding on all lower ones.
The fact that the OP's workplace was closed over Christmas/New Year makes no difference. The crucial thing here is the issue date.
If it was indeed 19th December it would have been impossible under any circumstances for it to be served in the ordinary course of post within the statutory 14 days.
A slam dunk defence to the deeming provision in RTOA 1988 Section 1A(3) - http://www.legislation.gov.uk/ukpga/1988/53/sectio...
The Company Secretary (i.e. its legal officer) has missed a trick big time.
If the state expects people to play by the rules (i.e. not exceed the posted limit, it is incumbent on it to do likewise.
Provided the van was not leased (i.e. the OP's company is the RK), the NIP will have been the original and out of time.
If so, the driver has been shafted because he can't go on another SAC within 3 years should he get caught again.
See Gidden v Chief Constable of Humberside.
Short version: http://swarb.co.uk/gidden-v-chief-constable-of-hum...
Long version: http://www.bailii.org/ew/cases/EWHC/Admin/2009/292...
As this was decided on appeal to the High Court it is binding on all lower ones.
The fact that the OP's workplace was closed over Christmas/New Year makes no difference. The crucial thing here is the issue date.
If it was indeed 19th December it would have been impossible under any circumstances for it to be served in the ordinary course of post within the statutory 14 days.
A slam dunk defence to the deeming provision in RTOA 1988 Section 1A(3) - http://www.legislation.gov.uk/ukpga/1988/53/sectio...
The Company Secretary (i.e. its legal officer) has missed a trick big time.
If the state expects people to play by the rules (i.e. not exceed the posted limit, it is incumbent on it to do likewise.
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