Discussion
I have recieved a notice of intended prosicution from my local constabulary 2 weeks ago (been on Holiday)
The offence was for 49 mph in a 40.
A Dual Carraigeway, coming off a motorway. (obvisly a perfect spot to stop accidents, and not increase the police budget for the year!!
The Notice was recieved into my office on 16th July, and the offence was on the 27th june.
As this is over 14 days old, can I contest this does anyone have experience???
All help greatfully recieved.
The offence was for 49 mph in a 40.
A Dual Carraigeway, coming off a motorway. (obvisly a perfect spot to stop accidents, and not increase the police budget for the year!!
The Notice was recieved into my office on 16th July, and the offence was on the 27th june.
As this is over 14 days old, can I contest this does anyone have experience???
All help greatfully recieved.
If the NIP has been delivered to your company and you are a company car driver this could put a spanner in the works if the company sends back your details as the driver as the 14 day rule only applies fro the first issue NIP i think.
However if the company has handed it you to deal with it gives you some options, the most attractive of which is probably to return the NIP on behalf of your comapny, with a note to the kind people who issued it, on company letterhead of course, pointing out its invalidity due to the 14 day rule and asking for it to be cancelled, as the statutory duty to provide information has been rendred irrelevant, providing of course it has.(get someone from HR or whatever dept would deal with it to return the NIP but dont let your name go anywhere near it, safest to instruct them how to deal with it if you have to)
Also far as im aware the 14 day rule applies to the date of the sending of the NIP from the original offence not the date of receipt. So if the offence was 27.06 the NIP must be posted by 10.07 and it must have been posted FIRST CLASS. If the postmark is 2nd class keep the envelope safe its a passport to getting that NIP set aside irrespective of the timeframes concerned.
Maybe someone else can just confirm these points for you but i hope it helps!
As long as the NIP was issued within 14 days then the authorities have complied. They can't be held liable for postal delays or internal mail issues. I believe there is some info on this in the "Speedtrap Bible", Can't remember the URL but I'm sure there is a link on this site somewhere. The upshot is you could contest it but it'll hardly be worth it unless you'll be disqualified.
GiJoe said:
As long as the NIP was issued within 14 days then the authorities have complied. They can't be held liable for postal delays or internal mail issues. I believe there is some info on this in the "Speedtrap Bible", Can't remember the URL but I'm sure there is a link on this site somewhere. The upshot is you could contest it but it'll hardly be worth it unless you'll be disqualified.
I would say they almost certainly can be held responsible for internal mail issues. If for example the date of issue was within 14 days but the postmark was 21 days then you would have a valid point to contest as the NIP may have been issued within time but the postmark would prove it was not posted in time to comply with the RTA regs.
If the postmark is second class you have a valid point to contest, NIPS must be sent recorded or first class. second class does not comply with the RTA.
Check the date of offence to the date of issue and the date of postmark and the class of postmark, this sounds like your best option.
if the NIP is not in your name then the company may be unable to pinpoint exactly who was driving the vehicle at the time of the alleged offence, and so be unable to comply with s172, especially if the vehicle is used by more than on employee on occassion.
Following reasonably diligent enquiries which fail to turn up the driver of the vehicle at the time of the offence there can be no comeback on the company so long as they can show their diligence in attempting to narrow down the potential driver.
and remember youve got 28 days to respond so that lots of time to examine all your option via this thread and via other means.
will send a Priv Message to you with some details of something i came across elsewhere, they claim to be able to help provide routes to avoiding convictions - although a word of warning i havent tried them so im not vouching for them, just trying to give you some options to consider. Call em and see what they say when you get it.
hansfree said:
I would say they almost certainly can be held responsible for internal mail issues. If for example the date of issue was within 14 days but the postmark was 21 days then you would have a valid point to contest as the NIP may have been issued within time but the postmark would prove it was not posted in time to comply with the RTA regs.
Sorry, didn't make myself clear. I was refering to internal mail within the company to which the car is registered. As long as the NIP is issued and posted within 14 days (as you say via 1st class or recorded) you're going to be fighting an uphill battle with more chance of losing. The cost of representation, court costs, increased fine and time off work make it more hassle than it's worth.
Incidentally you should also be aware that as long as the NIP was issued within 14 days or verbally at the time then the authorities have 6 months to bring a case to court.
GiJoe said:
The cost of representation, court costs, increased fine and time off work make it more hassle than it's worth.
I know some people don't feel inclined to fight and in some cases possibly can't afford to, but if you can, do fight it. It's only by making them stick to proper and fair legal engagement that we will defeat them. They are abusing the system and the motorist so we need to make that as difficult for them as possible.
WOW thanks for responses guys.
I think I am ok as the NIP was issued and sent out on the 14th, and the offence was on the 27th june, so postmarks aside, they are still 3-4 days late regardless of post marks. My company have already said it is my car only so, I'lll have to wait and see.
once again thanks guys.
I think I am ok as the NIP was issued and sent out on the 14th, and the offence was on the 27th june, so postmarks aside, they are still 3-4 days late regardless of post marks. My company have already said it is my car only so, I'lll have to wait and see.
once again thanks guys.
GiJoe said:
Incidentally you should also be aware that as long as the NIP was issued within 14 days or verbally at the time then the authorities have 6 months to bring a case to court.
No, the prosecutions department have six months to lay the information before a Court.
A summons can be issued long after that.
tl1000gussie said:
My company have already said it is my car only so, I'lll have to wait and see.
Does your company own the vehicle or is it leased?
I got a NIP 6 wks after being zapped but the the NIP had been through the lease company, then my company, then to me. I did get a copy of the original NIP and it had been issued within a few days.
>> Edited by Bobbins on Thursday 12th August 16:10
There are some good standard letters to put the matter to bed over on www.pepipoo.com for just such occasions. Basically, you are safe and just need to write to them to get them to confirm they are dropping it.
Don't be surprised if they wriggle a little as they will go to extreme lengths for their £60.
DO NOT IGNORE THE NIP, as they will get you on an S172 just to be spiteful!!!
Just make sure you send the right letter as they have cocked it up. Not surprising really, must be tiring all this taxing
Don't be surprised if they wriggle a little as they will go to extreme lengths for their £60.
DO NOT IGNORE THE NIP, as they will get you on an S172 just to be spiteful!!!
Just make sure you send the right letter as they have cocked it up. Not surprising really, must be tiring all this taxing
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