Help NIP Dated 41 days after offence

[andoverben]

Hope someone on here can help, I have just got back to the office and found a NIP on my desk for doing 36 in a 30 on the 12th Jan however the letter is dated the 22nd Feb, I thought that for it to be valid it had to be sent out within 14 days, is this true? What would you suggest I do?

[Pies]

Is it a company car ?

[andoverben]

It is, Addressed to the CO. Secretary, fortunately they are quite good and have put it on my desk saying what would I like to do?

[Pies]

IIRC company cars are outside the normal 14 day rule.I think the FIRST nip which would have gone to the registered keeper i.e possibly a lease company must have arrived in 14 days.

If your company own the car then this would have been the FIRST nip sent so IIRC they can whistle

[andoverben]

Pants, Cheers for that Pies, That is a pain my licence had just gone clean again. I can't believe I didn't see it, apparently it was Abingdon Road in Clifton Hampden does anyone know it? Cos it was so long ago I don't remember it, although I was in that area.

[Pies]

I could be wrong

[andoverben]

Anybody know? Is Pies right or is Pies Wrong? my opinion is the occasional Pie doesn't do any harm and is very nice however Too many Pies can lead to an expensive Gym membership

[puggit]

The NIP has to be served to the registered owner in 14 days.

Chances are it was served to a leasing company within that period?

[andoverben]

Buga, Looks like the short honeymoon of a clean licence is over. Cheers for the advice tho.

Ben

[Dwight VanDriver]

andoverben said:

It is, Addressed to the CO. Secretary, fortunately they are quite good and have put it on my desk saying what would I like to do?

Bit Confused as you say offence on 12th January and letter dated 22nd Feb.

Obligation on SCP to send out a NOIP within 14 days of offence (excluding date of offence) to the REGISTERED KEEPER. You say car Company car so presume they are listed as Keeper in which case NOIP should have been dated no later than 25th Jan to arrive by FIRST CLASS POST no later than 26th. Outside this NOIP arguement that NOIP has not been served properly and so bar on prosecution.

But if CO received NOIP in time then returned 172 (within 28 days) naming you as driver and then SCP have sent forms to you then NOIP good service.

You say Co put letter in your docket without returning?????????

Unless new Co vehicle about time of offence and change of ownership involved with DVLA records???

DVD

PS. Retain postmarked envelope secure until matter resolved.

[woodytvr]

My understanding of these situations is that NIP goes to owner of car and must be issued within 14 days.

If the car is leased (which I guess it is) the NIP would go to Lease company.

Lease company write to who ever issues the NIP stating the car is leased to XYZ Ltd. and a follow up NIP is sent to XYZ.

I thought as long as the first NIP was delt with within 14 days, the rest had upto 6 months.

[parrot of doom]

andoverben said:

Buga, Looks like the short honeymoon of a clean licence is over. Cheers for the advice tho. Ben

Not really. Visit the fightback forums at www.pepipoo.com and get out of it.

[andoverben]

woodytvr said:

If the car is leased (which I guess it is) the NIP would go to Lease company. Lease company write to who ever issues the NIP stating the car is leased to XYZ Ltd. and a follow up NIP is sent to XYZ. .

Unfortunately you are quite right I checked today, and they did indeed send a letter to the leasing company whoc said it is leased to xyz ltd, they then resent it on to us.

The leasing company have actually said that if the company don't provide details of me ie. take it to court then they will pay it anyway and come after us for the money!!!

I have told the company I will have to take it on the chin 36 in a 30 I ask you, thats not like it was proper speeding

[UpTheIron]

andoverben said:

The leasing company have actually said that if the company don't provide details of me ie. take it to court then they will pay it anyway and come after us for the money!!!

Ben, I believe you are trying to explain that you do not know who was driving, and that your company is not going to respond to the lease company, but you understand as a customer of the lease company that you will happily help them with their costs should they ask...