Late NIP

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Discussion

So

Original Poster:

26,316 posts

223 months

Tuesday 3rd September 2019
quotequote all
I’ve received an NIP this morning for one of our vehicles.

Date of alleged offence 15th 8th, date of NIP 28th August.

Received today 3rd September.

The envelope is a postage paid affair and I can see no date stamp on it.

I do not believe that it was sent within 14 days.

Any suggestions please chaps?

alistair1234

1,131 posts

147 months

Tuesday 3rd September 2019
quotequote all
15/8 offence? NIP 28/8? So it was sent on day 13?

So

Original Poster:

26,316 posts

223 months

Tuesday 3rd September 2019
quotequote all
Dated on day 13 anyway. I don’t believe for a minute it was sent that day.

It was 81 in a 70 Cambridgeshire and I am the RK so it has been nowhere else.

DaveH23

3,236 posts

171 months

Tuesday 3rd September 2019
quotequote all
So said:
Any suggestions please chaps?
Read the NIP, it will tell you what to do.

So

Original Poster:

26,316 posts

223 months

Tuesday 3rd September 2019
quotequote all
DaveH23 said:
So said:
Any suggestions please chaps?
Read the NIP, it will tell you what to do.
I am fairly confident it won’t.

DaveH23

3,236 posts

171 months

Tuesday 3rd September 2019
quotequote all
So said:
I am fairly confident it won’t.
They haven't asked you to provide details of who was driving?

The Mad Monk

10,474 posts

118 months

Tuesday 3rd September 2019
quotequote all
So said:
Dated on day 13 anyway. I don’t believe for a minute it was sent that day.

It was 81 in a 70 Cambridgeshire and I am the RK so it has been nowhere else.
What's the problem?

So

Original Poster:

26,316 posts

223 months

Tuesday 3rd September 2019
quotequote all
The Mad Monk said:
What's the problem?
The notice was served outside the 14 days required by law, as I understand it.

DaveH23

3,236 posts

171 months

Tuesday 3rd September 2019
quotequote all
So said:
The notice was served outside the 14 days required by law, as I understand it.
You said in your OP it was served on Day 13. If you don't believe it was then take your chance in court. Nobody on here can make it magically go away.

RedWhiteMonkey

6,861 posts

183 months

Tuesday 3rd September 2019
quotequote all
So said:
The notice was served outside the 14 days required by law, as I understand it.
How so? As I understand it the date on the NIP that is relevant not the date you actually receive it. Date of alleged offence 15th August and date of issue of NIP 28th August is 13 days.

I suppose you could send it back claiming it is too late and see what they say.


Cylon2007

518 posts

79 months

Tuesday 3rd September 2019
quotequote all
It's not late.

So

Original Poster:

26,316 posts

223 months

Tuesday 3rd September 2019
quotequote all
Cylon2007 said:
It's not late.
How are you calculating that?

SS2.

14,465 posts

239 months

Tuesday 3rd September 2019
quotequote all
Does DVLA hold the correct address details for the vehicle in question ?

Is the vehicle a recent purchase ? If yes, how recent ?

Service of a document by first class post is two business days. This means a NIP posted on Day 13 cannot be served within the 14 days required by statute.

Absent any statutory exemptions, a NIP which is served late is a bar to prosecution for the offence to which the notice refers.

Assuming there was a s.172 request annexed to the NIP, you will have 28 days to respond.

I would use this time to determine if there was a legitimate reason for the [apparent] late service of the notice.

Assuming no reasons become evident, I'd write a letter to the SCP advising them of the requirements of service of a NIP (see s.1 RTOA 1988), that the notice was served out of time and what this means for any future prosecution.

I'd also complete the s.172 in full, write 'Please see attached' in bold on the document, staple this to the letter and ensure both documents were delivered to the SCP within time.

It would then fall to the SCP to make the next move.

It's worth having a good read of this.

Stoofa

958 posts

169 months

Tuesday 3rd September 2019
quotequote all
Post over at Pepipoo - however as they will tell you, it is extremely unlikely a NIP was sent out late - even David Beckham needed a mate working at Bentley.
Have you looked at the V5 for this document? It is definitely registered to you? It isn't leased?

So

Original Poster:

26,316 posts

223 months

Tuesday 3rd September 2019
quotequote all
SS2. said:
Does DVLA hold the correct address details for the vehicle in question ?

Is the vehicle a recent purchase ? If yes, how recent ?

Service of a document by first class post is two business days. This means a NIP posted on Day 13 cannot be served within the 14 days required by statute.

Absent any statutory exemptions, a NIP which is served late is a bar to prosecution for the offence to which the notice refers.

Assuming there was a s.172 request annexed to the NIP, you will have 28 days to respond.

I would use this time to determine if there was a legitimate reason for the [apparent] late service of the notice.

Assuming no reasons become evident, I'd write a letter to the SCP advising them of the requirements of service of a NIP (see s.1 RTOA 1988), that the notice was served out of time and what this means for any future prosecution.

I'd also complete the s.172 in full, write 'Please see attached' in bold on the document, staple this to the letter and ensure both documents were delivered to the SCP within time.

It would then fall to the SCP to make the next move.

It's worth having a good read of this.
We have had the vehicle since March, it’s registered to our address and has been since we bought it.

Is the 14 days from the alleged offence? I seem to recall it being the day after. Even so it’s still late.

I’ll take a look at the link when I am in the office, thank you.

SS2.

14,465 posts

239 months

Tuesday 3rd September 2019
quotequote all
Stoofa said:
Post over at Pepipoo - however as they will tell you, it is extremely unlikely a NIP was sent out late - even David Beckham needed a mate working at Bentley.
The NIP to Beckham wasn't sent late, it was delivered late.

SS2.

14,465 posts

239 months

Tuesday 3rd September 2019
quotequote all
So said:
Is the 14 days from the alleged offence? I seem to recall it being the day after. Even so it’s still late.
The date of the offence is Day 0, which makes 28th August = Day 13.

Stoofa

958 posts

169 months

Tuesday 3rd September 2019
quotequote all
SS2. said:
Stoofa said:
Post over at Pepipoo - however as they will tell you, it is extremely unlikely a NIP was sent out late - even David Beckham needed a mate working at Bentley.
The NIP to Beckham wasn't sent late, it was delivered late.
Well yer - if you want to believe that story.
Or of course it arrived in time and was conveniently "misplaced" for a couple of days at the Bentley mailroom.

SS2.

14,465 posts

239 months

Tuesday 3rd September 2019
quotequote all
Stoofa said:
SS2. said:
Stoofa said:
Post over at Pepipoo - however as they will tell you, it is extremely unlikely a NIP was sent out late - even David Beckham needed a mate working at Bentley.
The NIP to Beckham wasn't sent late, it was delivered late.
Well yer - if you want to believe that story.
Or of course it arrived in time and was conveniently "misplaced" for a couple of days at the Bentley mailroom.
Maybe, but it certainly wasn't sent/posted out of time.

So

Original Poster:

26,316 posts

223 months

Tuesday 3rd September 2019
quotequote all
SS2. said:
So said:
Is the 14 days from the alleged offence? I seem to recall it being the day after. Even so it’s still late.
The date of the offence is Day 0, which makes 28th August = Day 13.
In which case the NIP is out of time even according to the date on it relative to the date of the alleged offence.

By way of belt and braces, does anyone know whether it is possible to interpret the digits and bar code on the bottom of the envelope? Being postage paid it doesn't have a dated stamp on it.