NIP Timescales

[Nigel Lewis]

This has probably been posted lots of times in past, but couldnt locate exactly on seraching.
If a NIP arrived today, (16th Sept) for a speeding offence which was committed on 13th August,(52 in a 40 zone) can this be bounced back, as more than 14 days have elapsed since the offence took place.
Could someone please briefly state what the guidelines are, and whether it can be challanged?
many thanks.

[gopher]

It depends

If it was sent directly to the registered keeper after the 14 days then they are out of time, if it was sent 2nd class at any time then that is also not acceptable.

if the person has been named as a driver but the original was sent to the registered keeper within the 14 days then this acceptable.

HTH

Paul

[Nigel Lewis]

Thanks for that Paul, it was sent directly to the registered keeper, so it would appear it is well outside of the 14 day period.
What is the best way of responding? Do you just send the NIP back unsigned, with a covering letter, or do you still need to complete the NIP?

[Streetcop]

If it's not registered post, you'll have to prove it came outside the 14 days....

Street

[Dwight VanDriver]

Nigel.

Bit awkward this one as by law SCP have to serve NOIP generally within 14 days excluding the day of the offence otherwise a person shall not be CONVICTED of the offence of speeding.

The papers they send out, as a driver is ALLEGED TO BE GUILTY OF AN OFFENCE, will include a request under S 172 RTA 88 to name the driver, failure to do so is an offence.

Note the distinction between the two and I do not know the answer as it will take men with more white hair and wig than I to pontificate.

I guess, like many more ,I would bounce the lot back pointing out that SCP have not complied with Section 1 Road Traffic Offenders Act 1988, in that they have not served NOIP in accordance with the law and therefore a conviction for speeding cannot be obtained.

Whether or not they accept this is another matter. Some will roll over and accept their wrongdoing but it is open for them to take to Court as the Act states at Sub Sec 3 - "The requirement of subsection (1) (servive of NOIp within 14days) shall in every case be deemed to have been complied with unless and until the contrary is proved. Which means if they dont accept NOIP incorrectly sent you have to argue at Court and they to disprove what you say. There is also a stated case that if they can prove they have shown due diligence then it matters not if received out of time.

Did it come Second Class Post which is another no no?

DVD

[DeMolay]

Nigel Lewis said:

This has probably been posted lots of times in past, but couldnt locate exactly on seraching. If a NIP arrived today, (16th Sept) for a speeding offence which was committed on 13th August,(52 in a 40 zone) can this be bounced back, as more than 14 days have elapsed since the offence took place. Could someone please briefly state what the guidelines are, and whether it can be challanged? many thanks.

Importantly, when was the NIP issued (i.e. what date is on it?). If the alleged offence is 13th August, and it arrived on the 16th Septembe, then that makes 34 days and well outside the legal limit :

www.hmso.gov.uk/acts/acts1988/Ukpga_19880053_en_2.htm#mdiv1 Road Traffic Offenders Act 1988 :
-------------------------------------------------------
1.—(1) Subject to section 2 of this Act, where a person is prosecuted for an offence to which this section applies, he is not to be convicted unless—
(a) he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, or
(b) within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or
(c) within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was—
(i) in the case of an offence under section 28 or 29 of the [1988 c. 52.] Road Traffic Act 1988 (cycling offences), served on him,
(ii) in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.
-------------------------------------------------------

There is no way possible the NIP went somewhere else prior to you receiving it is there??

[mondeoman]

The important thing is the date on the letter accompanying the NIP - if that is outside the 14 day limit you're scot free and can just return the NIP with a covering letter (see www.pepipoo.com for possible examples). If the date is within the 14 day limit, then you'll have to try other avenues of you want to fight it.