NIP 14 day rule
Discussion
Hi chaps
My partner has received a reminder notice for a NIP back in Jan.
She's not received anything earlier and it's the first she's seen it.
In it it clearly say the NIP was sent on the 30/01/15 and the offence took place on the 13/01/15 - so that's 17 days after the offence.
Photo of the letter below (i've removed anything that might be confidential about the offence). That's pretty black and white isn't - by their own admission they sent it on the 30th Jan ?
What I plan to do is get a letter typed up and stating that the original NIP was sent to me after the 14 day period required to issue a NIP by law and therefore this case should be dropped.
Am i missing anything here ?
My partner has received a reminder notice for a NIP back in Jan.
She's not received anything earlier and it's the first she's seen it.
In it it clearly say the NIP was sent on the 30/01/15 and the offence took place on the 13/01/15 - so that's 17 days after the offence.
Photo of the letter below (i've removed anything that might be confidential about the offence). That's pretty black and white isn't - by their own admission they sent it on the 30th Jan ?
What I plan to do is get a letter typed up and stating that the original NIP was sent to me after the 14 day period required to issue a NIP by law and therefore this case should be dropped.
Am i missing anything here ?
Even if it is late then the person named must complete the driver information form and return it. Preferably with a cover letter pointing out the potential issue.
Does section 2 RTOA 1988 apply?
"Failure to comply with the requirement of section 1(1) of this Act is not a bar to the conviction of the accused in a case where the court is satisfied—
(a)that neither the name and address of the accused nor the name and address of the registered keeper, if any, could with reasonable diligence have been ascertained in time for a summons or, as the case may be, a complaint to be served or for a notice to be served or sent in compliance with the requirement, or
(b)that the accused by his own conduct contributed to the failure."
Who is the keeper? Recent change of keeper? Recent change of address? Is DVLA's info accurate? If not then do you have an explanation?
Does section 2 RTOA 1988 apply?
"Failure to comply with the requirement of section 1(1) of this Act is not a bar to the conviction of the accused in a case where the court is satisfied—
(a)that neither the name and address of the accused nor the name and address of the registered keeper, if any, could with reasonable diligence have been ascertained in time for a summons or, as the case may be, a complaint to be served or for a notice to be served or sent in compliance with the requirement, or
(b)that the accused by his own conduct contributed to the failure."
Who is the keeper? Recent change of keeper? Recent change of address? Is DVLA's info accurate? If not then do you have an explanation?
Edited by agtlaw on Wednesday 11th March 10:11
Advice as said above but one thing to consider if the NIP was dated 30/01 you are now well outside the statutory 28 days to respond, so have already committed a section 172 offence of failing to furnish information
Edit, ignore above, just spotted that it is a copy they have sent you.
Is there any reason your end that could account for the nip being late, moved house, new car etc? If for any reason your dvla details are not updated then that would excuse them from the 14 day rule.
Edit, ignore above, just spotted that it is a copy they have sent you.
Is there any reason your end that could account for the nip being late, moved house, new car etc? If for any reason your dvla details are not updated then that would excuse them from the 14 day rule.
Edited by martinbiz on Wednesday 11th March 01:03
Hi
SHe lives in a shared reception building - post just gets left on top of a sill and she's not there much.
I think the first one just went missing. She's late responding to this reminder as well but again she's not been around much at her place to check for mail.
She'll of course send the information back now plus a covering letter signed by her.
SHe lives in a shared reception building - post just gets left on top of a sill and she's not there much.
I think the first one just went missing. She's late responding to this reminder as well but again she's not been around much at her place to check for mail.
She'll of course send the information back now plus a covering letter signed by her.
woof said:
That's pretty black and white isn't - by their own admission they sent it on the 30th Jan ?
It would be unusual for the first NIP to be sent more than 14 days after the original offence. Is she definitely the registered keeper? Does she have the V5C registration document in her possession? Or is it a lease car/company car?Aretnap said:
woof said:
That's pretty black and white isn't - by their own admission they sent it on the 30th Jan ?
It would be unusual for the first NIP to be sent more than 14 days after the original offence. Is she definitely the registered keeper? Does she have the V5C registration document in her possession? Or is it a lease car/company car?I'll need to ask if she has a V5 for it.
woof said:
It's a lease car via the company she works for.
I'll need to ask if she has a V5 for it.
I suspect not. If the original Notice of intended prosecution was served on the registered keeper within 14 days then it does not matter if the nominated driver receives it later - it would not be 'late'.I'll need to ask if she has a V5 for it.
SS2. said:
woof said:
It's a lease car via the company she works for.
I'll need to ask if she has a V5 for it.
Almost certain the lease company will be the RK and, whilst you can check with them, that the initial NIP was served on them within time.I'll need to ask if she has a V5 for it.
Maybe worth a shot. Nothing to loose I guess.
speedking31 said:
Why send the first NIP to the company and this reminder letter to the OP's OH?
Because the lease co. would be the RK (and, as such, the recipient of the initial notice) who, upon receiving the NIP would have nominated the person / company who has day to day care of the vehicle.It's a legal obligation.
woof said:
I wonder if it's worth just replying saying that they say in their letter the NIP was sent outside the 14 days.
Maybe worth a shot. Nothing to loose I guess.
Long shot maybe, but if you had any intention of defending such an allegation, it goes without saying that you'd want to cover all bases.Maybe worth a shot. Nothing to loose I guess.
speedking31 said:
Why send the first NIP to the company and this reminder letter to the OP's OH? Presumably the company has already dibbed her in. I would expect them to have contacted her internally, poor form IMO.
Read OP again - that's not what happened in this case.1. NIP to lease company. Company nominates OP.
2. NIP to OP
3. Reminder to OP
OP has posted item 3 and says 2 was never received, later says it might have been received but wasn't opened.
woof said:
I wonder if it's worth just replying saying that they say in their letter the NIP was sent outside the 14 days.
Maybe worth a shot. Nothing to lose I guess.
Apart from 6 points. There is no time limit for a section 172 request. So that must be completed and returned with any cover letter. Maybe worth a shot. Nothing to lose I guess.
agtlaw said:
woof said:
I wonder if it's worth just replying saying that they say in their letter the NIP was sent outside the 14 days.
Maybe worth a shot. Nothing to lose I guess.
Apart from 6 points. There is no time limit for a section 172 request. So that must be completed and returned with any cover letter. Maybe worth a shot. Nothing to lose I guess.
I'm pretty sure she is but I need to check. (eg she always gets the parking tickets) As always much appreciated !
agtlaw said:
speedking31 said:
Why send the first NIP to the company and this reminder letter to the OP's OH? Presumably the company has already dibbed her in. I would expect them to have contacted her internally, poor form IMO.
Read OP again - that's not what happened in this case.1. NIP to lease company. Company nominates OP.
2. NIP to OP
3. Reminder to OP
OP has posted item 3 and says 2 was never received, later says it might have been received but wasn't opened.
Still think if her company had notified her internally then she might have realised that there was a 'missing' NIP.LoonR1 said:
OP be serious. You've had some good advice for free from a specialist motoring lawyer. Your g/f is heading towards 6 points and a big fine if you carry on down this path.
I've said she will return the form completed but still state that the NIP was sent outside the 14days - which according to their own letter they admit it was over 14days. Unless I'm missing something ? woof said:
LoonR1 said:
OP be serious. You've had some good advice for free from a specialist motoring lawyer. Your g/f is heading towards 6 points and a big fine if you carry on down this path.
I've said she will return the form completed but still state that the NIP was sent outside the 14days - which according to their own letter they admit it was over 14days. Unless I'm missing something ? The 14 days rule applies from the date the driver has been identified. For example if someone was driving a hire car and tripped a camera on the 1st Jan, the police may have only become aware of who the driver was on the 15th Jan (after to-ing and fro-ing letters with the hire company).
Therefore they would have 14 days to send the nip from the 15th Jan, despite the original offence being on the 1st.
Therefore they would have 14 days to send the nip from the 15th Jan, despite the original offence being on the 1st.
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