Discussion
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?
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?
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.
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.
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.
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 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.
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. 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.Or of course it arrived in time and was conveniently "misplaced" for a couple of days at the Bentley mailroom.
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.Or of course it arrived in time and was conveniently "misplaced" for a couple of days at the Bentley mailroom.
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.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.
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