NIP out of time, and can't remember who was driving.
Discussion
Hi - hoping someone can help regarding some sh*t driving of our own caught on camera.
We got a Notice of Intended Prosecution through the door the other day dated 19 days after an alleged speeding offence, addressed to my wife who's the registered keeper. 37mph in a 30. Dumb dumb dumb.
My and my wife both drive the car. It is most likely to have been me that was driving but we can't say for certain (the location given is a bit vague, and is close to our house, and we both used the car that morning and in that area).
Today (4 days further on) I've got a NIP for the same incident.
The NIP stated that the offence was recorded by manned equipment which I assume should mean there's photographic evidence.
I've written to the police to say that the NIP is out of date, and also that we can't be sure who was driving so could they provide any photographs (which they recommend on their askthepolice website).
I've also written to the DVLA to double check that the info they hold for us is correct.
Is there anything else we could/should be doing? Thanks a lot for any help, and yes, I know, I/we shouldn't have been speeding and I/we recognise how dumb that was.
We got a Notice of Intended Prosecution through the door the other day dated 19 days after an alleged speeding offence, addressed to my wife who's the registered keeper. 37mph in a 30. Dumb dumb dumb.
My and my wife both drive the car. It is most likely to have been me that was driving but we can't say for certain (the location given is a bit vague, and is close to our house, and we both used the car that morning and in that area).
Today (4 days further on) I've got a NIP for the same incident.
The NIP stated that the offence was recorded by manned equipment which I assume should mean there's photographic evidence.
I've written to the police to say that the NIP is out of date, and also that we can't be sure who was driving so could they provide any photographs (which they recommend on their askthepolice website).
I've also written to the DVLA to double check that the info they hold for us is correct.
Is there anything else we could/should be doing? Thanks a lot for any help, and yes, I know, I/we shouldn't have been speeding and I/we recognise how dumb that was.
How sure are you that your wife is the registered keeper ?
Is the vehicle owned outright, or is it leased, PCP'd, company owned, etc ?
If it's owned outright and your wife is the RK (ie her name is shown on the V5C), when was the vehicle transferred to her ? And is your address correct on the logbook ?
Is the vehicle owned outright, or is it leased, PCP'd, company owned, etc ?
If it's owned outright and your wife is the RK (ie her name is shown on the V5C), when was the vehicle transferred to her ? And is your address correct on the logbook ?
The fact the nip is dated 19 days after the offence is pretty much a slam dunk win for you, there can be no argument about service. I would get the missus to write back pronto saying although she has named you as the driver on the S172 the nip it self was served out of time and therefore is a bar to prosecution. Use the RAC Template letter. This does all hang on her being the registered keeper and all docs are up to date
I had a recent one through from North Yorkshire. It came a month after but mines a lease. However it did state no photographic support would be provided unless it went to court which I though was a bit strange.
Also received a letter yesterday saying to send my licence pronto otherwise its going to be referred to court. I paid the penalty on line and recorded delivery the licence etc. Upon calling she said they have a huge backlog of post in the thousands from the amount of penalties they dish out and to call back next week to make sure they have it before its refered.
Also received a letter yesterday saying to send my licence pronto otherwise its going to be referred to court. I paid the penalty on line and recorded delivery the licence etc. Upon calling she said they have a huge backlog of post in the thousands from the amount of penalties they dish out and to call back next week to make sure they have it before its refered.
Best place for advice is Pepipoo
Questions would be:
- is the car leased or otherwise financed?
- do you have the V5?
- has it got the correct address on it?
- and have you moved recently and if so what date was the new V5 issued?
The advice over there is that late NIPs are unusual now and it is normally something in the driver/keepers admin that makes them appear late.
Questions would be:
- is the car leased or otherwise financed?
- do you have the V5?
- has it got the correct address on it?
- and have you moved recently and if so what date was the new V5 issued?
The advice over there is that late NIPs are unusual now and it is normally something in the driver/keepers admin that makes them appear late.
IJWS15 said:
Best place for advice is Pepipoo
Questions would be:
- is the car leased or otherwise financed?
- do you have the V5?
- has it got the correct address on it?
- and have you moved recently and if so what date was the new V5 issued?
The advice over there is that late NIPs are unusual now and it is normally something in the driver/keepers admin that makes them appear late.
Haven't those questions already been asked in this thread ?Questions would be:
- is the car leased or otherwise financed?
- do you have the V5?
- has it got the correct address on it?
- and have you moved recently and if so what date was the new V5 issued?
The advice over there is that late NIPs are unusual now and it is normally something in the driver/keepers admin that makes them appear late.
Are you sure your Mrs received the NIP after 19 days, 4 days ago?
Just seems unlikely that you would get the notification with your name in it within 4 days of her returning it, having named you.
It’s seems likely she had her NIP a while ago, named you, sent the form off............etc.
Just seems unlikely that you would get the notification with your name in it within 4 days of her returning it, having named you.
It’s seems likely she had her NIP a while ago, named you, sent the form off............etc.
jonwm said:
I had a recent one through from North Yorkshire. It came a month after but mines a lease. However it did state no photographic support would be provided unless it went to court which I though was a bit strange.
Not really strange at all. You're not entitled to see any evidence until you decide to take it to court. The fixed penalty offer is there so it can be dealt with quickly and cheaply.Many if not most areas will provide a picture, but it's simply a courtesy, often doesn't help in the identification of anyone (simply showing the vehicle) and also quite often isn't the "money shot" that is actually catching you.
And therein lies a problem.
The law is somehow reduced to demanding money with menaces, like some sort of private parking company with evidence that cannot be seen and no chance of being heard.
Court is just too expensive for those seeking justice to risk in many cases. The amount of time I have read Solicitors and Barristers recommending let it go as it will cost a fortune, your health and sanity is practically every week. Then when you do get a judgement in your favour it’s all admin errors, lessons learned and half the time you don’t get the apology or the money that was awarded. You sure do get the costs though.
Very poor, don’t know how to fix it but the population only see the police and courts get the floor wiped with them on those tv programs and then a money demand arrives on the doormat for 80 in a 70. Hmmm.
Pointless rant over.
The law is somehow reduced to demanding money with menaces, like some sort of private parking company with evidence that cannot be seen and no chance of being heard.
Court is just too expensive for those seeking justice to risk in many cases. The amount of time I have read Solicitors and Barristers recommending let it go as it will cost a fortune, your health and sanity is practically every week. Then when you do get a judgement in your favour it’s all admin errors, lessons learned and half the time you don’t get the apology or the money that was awarded. You sure do get the costs though.
Very poor, don’t know how to fix it but the population only see the police and courts get the floor wiped with them on those tv programs and then a money demand arrives on the doormat for 80 in a 70. Hmmm.
Pointless rant over.
Truffs said:
And therein lies a problem.
The law is somehow reduced to demanding money with menaces, like some sort of private parking company with evidence that cannot be seen and no chance of being heard.
Court is just too expensive for those seeking justice to risk in many cases. The amount of time I have read Solicitors and Barristers recommending let it go as it will cost a fortune, your health and sanity is practically every week. Then when you do get a judgement in your favour it’s all admin errors, lessons learned and half the time you don’t get the apology or the money that was awarded. You sure do get the costs though.
Very poor, don’t know how to fix it but the population only see the police and courts get the floor wiped with them on those tv programs and then a money demand arrives on the doormat for 80 in a 70. Hmmm.
Pointless rant over.
That's nothing wait until you get prosecuted/charged with an offence you did not commit. You get found not guilty and you can only recover £500 of your legal costs nad have to pay the other £1000 out of your own pocket for being not guilty.The law is somehow reduced to demanding money with menaces, like some sort of private parking company with evidence that cannot be seen and no chance of being heard.
Court is just too expensive for those seeking justice to risk in many cases. The amount of time I have read Solicitors and Barristers recommending let it go as it will cost a fortune, your health and sanity is practically every week. Then when you do get a judgement in your favour it’s all admin errors, lessons learned and half the time you don’t get the apology or the money that was awarded. You sure do get the costs though.
Very poor, don’t know how to fix it but the population only see the police and courts get the floor wiped with them on those tv programs and then a money demand arrives on the doormat for 80 in a 70. Hmmm.
Pointless rant over.
Read the Secret Barrister it is all spelt out in that book.
So few people fight court cases now that over half of the courts have closed down since 2010.
helix402 said:
If you want to contest a late you NIP you will probably get no where until you attend court and plead not guilty on that basis.
Not necessarily.It's largely moot unless and until the OP provides further details, anyway.
helix402 said:
If you want to contest a late you NIP you will probably get no where until you attend court and plead not guilty on that basis.
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 thoughGassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff