Should I respond at all to a nip if it was sent 14 days?
Should I respond at all to a nip if it was sent 14 days?
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Discussion

AlVal

Original Poster:

1,891 posts

287 months

Thursday 29th December 2022
quotequote all
Edit: sorry about title, looks like titles don't accept the > symbol

See image below

Given that it was sent more than 14 days after the alleged event, do I need to send any kind of response at all or just completely ignore? I am the registered keeper, no complications there.

Not involved in any accidents or anything like that.

Should I write anything back at all or no need?

Thanks



Edited by AlVal on Thursday 29th December 23:41

vonhosen

40,597 posts

240 months

Thursday 29th December 2022
quotequote all
That's not a NIP, it's a conditional offer.

AlVal

Original Poster:

1,891 posts

287 months

Thursday 29th December 2022
quotequote all
vonhosen said:
That's not a NIP, it's a conditional offer.
Soo.. I'm buggered then?

TriumphStag3.0V8

5,103 posts

104 months

Friday 30th December 2022
quotequote all
AlVal said:
vonhosen said:
That's not a NIP, it's a conditional offer.
Soo.. I'm buggered then?
Pretty much, and too fast for a SAC.

Odd that they went straight to that, there would normally be a NIP, asking who was driving the vehicle. You say it is registered to you - is this definately the first you have heard of it? I assume you were driving the vehicle at that time and place?

But yes, you are buggered. Pay up!

Edited by TriumphStag3.0V8 on Friday 30th December 00:05

Percy Cushion

1,271 posts

243 months

Friday 30th December 2022
quotequote all
Take the 3 points and then 100 fine for doing 89 on a motorway, we’ve all done it, take the hit and move on

Cliftonite

8,681 posts

161 months

Friday 30th December 2022
quotequote all

The Police surely cannot send (to the RK) a Conditional Offer of Fixed Penalty (CO) as their first correspondence to them in the matter?! They do not know who was driving the vehicle at the time of the alleged offence!

What if the RK's spouse had been driving, and the RK takes the hit (by accepting the CO) so his spouse could, for example, avoid a totting-up ban?

One for agtlaw to kindly comment?

AlVal

Original Poster:

1,891 posts

287 months

Friday 30th December 2022
quotequote all
Percy Cushion said:
Take the 3 points and then 100 fine for doing 89 on a motorway, we’ve all done it, take the hit and move on
Don't care about the fine, but the state of the licence.

Tony1963

5,808 posts

185 months

Friday 30th December 2022
quotequote all
AlVal said:
Don't care about the fine, but the state of the licence.
Maybe think a bit more about the speed you’re doing if you don’t want to accumulate points, surely? Yes it can get boring, but that’s just the way it is.

caziques

2,808 posts

191 months

Friday 30th December 2022
quotequote all

Interesting; there can't be a Conditional Offer without a completed NIP.

If the OP hasn't filled in a NIP, then a speeding prosecution must fail.


LF5335

7,443 posts

66 months

Friday 30th December 2022
quotequote all
Did you get stopped at the time of the offence?

anonymous-user

77 months

Friday 30th December 2022
quotequote all
LF5335 said:
Did you get stopped at the time of the offence?
The letter says automatic camera device.

Cat

3,131 posts

292 months

Friday 30th December 2022
quotequote all
caziques said:
Interesting; there can't be a Conditional Offer without a completed NIP.

If the OP hasn't filled in a NIP, then a speeding prosecution must fail.
There is no such thing as a completed NIP.

Cat

Rozzers

2,973 posts

98 months

Friday 30th December 2022
quotequote all
Is this vehicle leased with the V5 in the lease co’s name?

That’s one explanation for the lack of a NIP to your home address.

Dr Mike Oxgreen

4,438 posts

188 months

Friday 30th December 2022
quotequote all
Rozzers said:
Is this vehicle leased with the V5 in the lease co’s name?

That’s one explanation for the lack of a NIP to your home address.
If you read what he wrote, he says he is the registered keeper.

stukno

33 posts

73 months

Friday 30th December 2022
quotequote all
With the caveat that its a long time since I was incolved in this sort of thing, My recollection is that, if not stopped and served verbally at the time then a written Notice of Intended Prosecution (which has specific wording) must be served on the Registered Keeper within 14 days of the offence being committed.

Failure to do so was a bar to further prosecution.

I would defer to anyone with more up to date knowledge on the subject but the OP should look into this. I think that to ignore the notice would not be advisable. Better to communicate with the sender and point out that no NIP was received. If that is the case that should kill it dead (Barring and changes in the law that I am unaware of)


youngsyr

14,742 posts

215 months

Friday 30th December 2022
quotequote all
stukno said:
With the caveat that its a long time since I was incolved in this sort of thing, My recollection is that, if not stopped and served verbally at the time then a written Notice of Intended Prosecution (which has specific wording) must be served on the Registered Keeper within 14 days of the offence being committed.

Failure to do so was a bar to further prosecution.

I would defer to anyone with more up to date knowledge on the subject but the OP should look into this. I think that to ignore the notice would not be advisable. Better to communicate with the sender and point out that no NIP was received. If that is the case that should kill it dead (Barring and changes in the law that I am unaware of)
There's also the recent delays in post to take into account: I believe a former ruling held that a NIP only had to be posted to be deemed served, actually receiving it was not required?

AlVal

Original Poster:

1,891 posts

287 months

Friday 30th December 2022
quotequote all
youngsyr said:
There's also the recent delays in post to take into account: I believe a former ruling held that a NIP only had to be posted to be deemed served, actually receiving it was not required?
Sure but the date the letter was written was more than 14days after the alleged offense

mac96

5,702 posts

166 months

Friday 30th December 2022
quotequote all
AlVal said:
youngsyr said:
There's also the recent delays in post to take into account: I believe a former ruling held that a NIP only had to be posted to be deemed served, actually receiving it was not required?
Sure but the date the letter was written was more than 14days after the alleged offense
But there could also be a NIP not yet received?

I received a letter yesterday which was posted 27th November, post is in chaos.

stukno

33 posts

73 months

Friday 30th December 2022
quotequote all
That may be so but I would have thought that such a delay cannot be open ended - and there must be proof that one was posted within the 14 day period.

Also, as pointed out above, the letter is a conditional offer but how do they know who the driver is? There should be another legal form (I forget the name) which places a legal obligation on the Registered Keeper to identify the driver at the time of the offence.

If the OP has given the full story then there are questions to be asked before responding to the letter

OutInTheShed

13,029 posts

49 months

Friday 30th December 2022
quotequote all
stukno said:
With the caveat that its a long time since I was incolved in this sort of thing, My recollection is that, if not stopped and served verbally at the time then a written Notice of Intended Prosecution (which has specific wording) must be served on the Registered Keeper within 14 days of the offence being committed.

Failure to do so was a bar to further prosecution.

I would defer to anyone with more up to date knowledge on the subject but the OP should look into this. I think that to ignore the notice would not be advisable. Better to communicate with the sender and point out that no NIP was received. If that is the case that should kill it dead (Barring and changes in the law that I am unaware of)
Maybe someone else got the NIP and responded to it, hence the OP getting this?
IS he the RK?
Has he had it long?