14 days rule for NIP?
Discussion
Mrs was caught speeding (84mph on the M62) on 07/05/21. NIP was recently received, letter dated 26 May, is it correct that this should have been sent within 14 days? Or is this no longer the case? Or never was the case?
The car is registered to me so the NIP is addressed to me, so id like to make sure I’m not the one getting into any trouble!
The car is registered to me so the NIP is addressed to me, so id like to make sure I’m not the one getting into any trouble!
It is the case. If the driver wasn't stopped at the time of the offence and told that they were being reported, then yes, you have to receive a NIP within 14 days of the offence.
Note that the police only have to post the letter in good time so that it would ordinarily arrive within 14 days. If they posted it in good time and the post was delayed for whatever reason, such as a postal strike or because of flooding for example, then you are still liable. In your case, the letter was dated well after the 14 days expired, which means the police did not issue the NIP within the required time period. You still have to respond with the form which asks who was driving, but you could return it with a covering letter pointing out that the NIP was dated more than 14 days after the alleged offence, so your wife should not be penalised. The likelihood is that the police force in question will write back confirming that no further action will be taken.
Note that the police only have to post the letter in good time so that it would ordinarily arrive within 14 days. If they posted it in good time and the post was delayed for whatever reason, such as a postal strike or because of flooding for example, then you are still liable. In your case, the letter was dated well after the 14 days expired, which means the police did not issue the NIP within the required time period. You still have to respond with the form which asks who was driving, but you could return it with a covering letter pointing out that the NIP was dated more than 14 days after the alleged offence, so your wife should not be penalised. The likelihood is that the police force in question will write back confirming that no further action will be taken.
mrpbailey said:
Thanks for the reply Lunar, and will do as you suggested and send the form back with a covering letter
The only time I got a speeding ticket was 25 years ago and I was stopped at the roadside so I don’t have any recent personal experience of this. I’m neither a lawyer nor an expert but I like to think I keep myself well informed in case I do get a ticket, because I certainly don’t observe all speed limits at all times. Anyway hopefully someone else will chime in if I have unwittingly given you poor advice.LunarOne said:
Note that the police only have to post the letter in good time so that it would ordinarily arrive within 14 days. If they posted it in good time and the post was delayed for whatever reason, such as a postal strike or because of flooding for example, then you are still liable. I
WRONG! See Gidden v Chief Constable of Humberside 2009.Do you have the V5C in your possession and are your details correct? Did you recently buy the car or have you moved house recently? Is the car leased or on finance that would mean that you are not the owner? (Do you get MOT and Tax reminders direct from the DVLA?).
It is only the registered keeper that must receive the NIP/S172 request in 14 days. All subsequent correspondence has no time limit apart from a 6 month limit if it is to go to court.
From reading a load of questions on Pepipoo it is extremely rare for a first NIP to be issued outside 14 days and there is pretty much always one of the reasons I mentioned for an apparent late NIP.
douglasb said:
WRONG! See Gidden v Chief Constable of Humberside 2009.
Do you have the V5C in your possession and are your details correct? Did you recently buy the car or have you moved house recently? Is the car leased or on finance that would mean that you are not the owner? (Do you get MOT and Tax reminders direct from the DVLA?).
It is only the registered keeper that must receive the NIP/S172 request in 14 days. All subsequent correspondence has no time limit apart from a 6 month limit if it is to go to court.
From reading a load of questions on Pepipoo it is extremely rare for a first NIP to be issued outside 14 days and there is pretty much always one of the reasons I mentioned for an apparent late NIP.
Ahhhhh I didn’t think of this, the car is a lease, so NIP could have been sent to the lease company first. Most probably within 14 days Do you have the V5C in your possession and are your details correct? Did you recently buy the car or have you moved house recently? Is the car leased or on finance that would mean that you are not the owner? (Do you get MOT and Tax reminders direct from the DVLA?).
It is only the registered keeper that must receive the NIP/S172 request in 14 days. All subsequent correspondence has no time limit apart from a 6 month limit if it is to go to court.
From reading a load of questions on Pepipoo it is extremely rare for a first NIP to be issued outside 14 days and there is pretty much always one of the reasons I mentioned for an apparent late NIP.
HantsRat said:
mrpbailey said:
Nope, not the registered keeper
Then you'll find it was most likely sent to the lease company within the requires 14 days, they then named your wife as the driver.He's now got the remainder of the 28 day window to nominate his good lady.
mrpbailey said:
Mandat said:
D'oh!! 
That’ll teach me to re-read how I word things!
But basically yeah, the lease is in my name but obviously the lease company are the registered keepers.
So all understood now and she will not be getting away with it after all
LunarOne said:
I've never leased a car, but I don't understand why you or your wife are not the RK. After all the V5 does not confer ownership so there's no reason I can think of not to register the actual keeper on the V5.
Lease cars tend to take care of the road tax (or VED for the pedants), control over whether the car leaves the U.K. (carnet requirements) and some even sort out the insurance too. It’s easier for the things that will definitely happen, but arguably slightly more difficult for the things that might happen. LunarOne said:
I've never leased a car, but I don't understand why you or your wife are not the RK. After all the V5 does not confer ownership so there's no reason I can think of not to register the actual keeper on the V5.
Years ago, when I was fresh out of Uni, I worked for one of the largest vehicle leasing companies in the UK, and they had a small team dedicated purely to handling parking tickets, speeding tickets, and everything else that would arrive in the post for the leased vehicles.They would charge the customer an admin fee of around £30 per item item received, and forward parking fines on to the customer, and reply to all Police NIP type letters giving the customer details.
It was a bit of a pain in the arse, and required a few staff members working on it constantly, but apparently the alternative of putting the V5's in the name of the customer was a completely unthinkable nightmare scenario.
The most complaints used to come from business users in London, who would say the they were happy to get parking tickets all day long and just classed them as simply "The cost of doing business when visiting clients" but they objected to the £30 admin fee for each ticket as this would really increase the costs.
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