NIP in the post - 17 days between Offence and NIP Date
Discussion
Hi All - hope you're well 
As said above, I've been sent a NIP for 82mph in a 70 zone (heinous, I know). Done by a camera.
The dates are as said above...the NIP states a date of issue and the alleged offence date, and they are 17 days apart. So I'm going to write them a letter and ask it to be cancelled.I am the register keeper. The NIP actually arrived 22 days after the incident.
Here's the question:
Do I still need to sign and return the completed S172 with the letter asking for it to be cancelled? Or do I just send the letter, with the NIP not completed?
I guess they are going to try excuse themselves on the basis of the Covid-19 situation...and if they do, is there any basis in law that they can use to back that up?
Ta,
J.
As said above, I've been sent a NIP for 82mph in a 70 zone (heinous, I know). Done by a camera.
The dates are as said above...the NIP states a date of issue and the alleged offence date, and they are 17 days apart. So I'm going to write them a letter and ask it to be cancelled.I am the register keeper. The NIP actually arrived 22 days after the incident.
Here's the question:
Do I still need to sign and return the completed S172 with the letter asking for it to be cancelled? Or do I just send the letter, with the NIP not completed?
I guess they are going to try excuse themselves on the basis of the Covid-19 situation...and if they do, is there any basis in law that they can use to back that up?
Ta,
J.
Edited by jezzaaa on Monday 18th May 16:02
The NIP must be served to the address of the registered keeper within 14 days not including the day of the alleged offence.
Assuming that those details are correct & current then in the circumstances you give it would be out of time.
You will need evidence to prove that the service was late.
Covid makes no difference, the delay in Gidden v. Chief Constable of Humberside being due to a postal strike still meant the service was late.(ETA IIRC Gidden's postman was able to state the day of delivery)
You still need to complete the S172 giving details of the driver.
Assuming that those details are correct & current then in the circumstances you give it would be out of time.
You will need evidence to prove that the service was late.
Covid makes no difference, the delay in Gidden v. Chief Constable of Humberside being due to a postal strike still meant the service was late.(ETA IIRC Gidden's postman was able to state the day of delivery)
You still need to complete the S172 giving details of the driver.
Edited by paintman on Monday 18th May 16:51
Does the envelope also have a postmark on it? Will be even more evidence for you they did not meet deadlines.
I would not sign anything, simply return with a covering letter pointing out how sad you are not to be able to assist as the NIP was not delivered on time as is therefore void.
(Only an opinion, would get some decent advice on it!)
I would not sign anything, simply return with a covering letter pointing out how sad you are not to be able to assist as the NIP was not delivered on time as is therefore void.
(Only an opinion, would get some decent advice on it!)
Template letter:
https://www.pistonheads.com/gassing/topic.asp?h=0&...
You will need to adapt the letter to your specific circumstances.
https://www.pistonheads.com/gassing/topic.asp?h=0&...
You will need to adapt the letter to your specific circumstances.
Edited by agtlaw on Monday 18th May 17:27
agtlaw said:
Template letter:
https://www.pistonheads.com/gassing/topic.asp?h=0&...
You will need to adapt the letter to your specific circumstances.
Thanks agt, I've saved a copy for myself, just in case I should ever need it you understand https://www.pistonheads.com/gassing/topic.asp?h=0&...
You will need to adapt the letter to your specific circumstances.
Edited by agtlaw on Monday 18th May 17:27
Love this place sometimes!
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