NIP out of time, and can't remember who was driving.

NIP out of time, and can't remember who was driving.

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Discussion

helix402

7,860 posts

182 months

Sunday 15th December 2019
quotequote all
martinbiz said:
Not in this case, the question of late service of the nip cannot be argued when it is actually dated 4 days after the time limit. A letter pointing this out should see any action discontinued well before any proceedings commence. Caveat being that the OP’s docs are not in order, which, as the OP now appears to have gone quiet could well be the case. Be nice if he let us know though
My response is based on my experience of successfully contesting an NIP. I won’t tell the long tale but I wrote to everyone involved to explain how it was late but got no where till court. Maybe others might get more success by writing to explain.

BertBert

19,039 posts

211 months

Sunday 15th December 2019
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So, just thinking about it, how does the timeout work if it's not the RK?

The NIP has the 14 day period, but the S172 to name the driver doesn't. So if wifey has named the OP as driver, is he still 'protected' by the original NIP being late?

I assume so as that's what David Beckham relied on.

Bert

martinbiz

3,074 posts

145 months

Sunday 15th December 2019
quotequote all
BertBert said:
The NIP has the 14 day period, but is he still 'protected' by the original NIP being late

Bert
Yes, the whole process, is reliant on the first nip/S172 being served within the time limits

martinbiz

3,074 posts

145 months

Sunday 15th December 2019
quotequote all
helix402 said:
My response is based on my experience of successfully contesting an NIP. I won’t tell the long tale but I wrote to everyone involved to explain how it was late but got no where till court. Maybe others might get more success by writing to explain.
Yes, understood, but was your nip actually dated out of time or just served out of time, there is a fundamental difference

helix402

7,860 posts

182 months

Sunday 15th December 2019
quotequote all
martinbiz said:
Yes, understood, but was your nip actually dated out of time or just served out of time, there is a fundamental difference
Good question, I was given two, first one dated in time, second one dated out of time. Both served out of time by hand.

jm doc

2,791 posts

232 months

Sunday 15th December 2019
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Typical plonker going round the outside of a roundabout with no indication at all. They are an absolute menace. He clearly knew what he was doing as well judging by his reaction.

Gary C

12,436 posts

179 months

Sunday 15th December 2019
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Tea Pot One said:
So true !
Tea pot one ?

Is this your van ?