NIP recieved dated well after 14 days is it Valid

[Lamboandy]

Recieved an NIP from Strathclyde police dated 22 Aug for an alleged offence on 27th Jul which is well outside 14 days. My understanding was that this had to be recieved or at least dated within 14 days of the offence to be vaild? Can I write back to them and say its outside the 14 day period so its not valid?

Any help appreciated.

Thanks

Andy.

[vonhosen]

Lamboandy said:

Recieved an NIP from Strathclyde police dated 22 Aug for an alleged offence on 27th Jul which is well outside 14 days. My understanding was that this had to be recieved or at least dated within 14 days of the offence to be vaild? Can I write back to them and say its outside the 14 day period so its not valid?

Any help appreciated.

Thanks

Andy.

Are you the registered keeper with DVLA or is it someone else (leasing Co etc) ?

[skymaster]

If there is no good reason why they might have difficulty in tracking you down. EG, company car, moved recently, just bought car, then it should be possible to get it cancelled due to the time delay. The 1988 road traffic offenders Act contains the law you need to contest this.

The dates on the NIP are well over 14 days apart which is a good sign.

Certainly give it a go, although dont expect a response from them until the 28 day deadline is all but expired. If they are expecting you to adhere to the law by the letter without leeway then dont cut them any slack either! Good luck!

[Adam_BGT]

As long as you are the registered keeper of the vehicle, it isn't a company car and they wopuld have no reason for any delay in tracking you down, you shouldn't be prosecuted under the 14 day rule.

If you intend to use this as a basis for your defence, however, i would suggest that you employ an excellent solicitor. this comes form recent previous experience.

[skymaster]

Adam_BGT said:

As long as you are the registered keeper of the vehicle, it isn't a company car and they wopuld have no reason for any delay in tracking you down, you shouldn't be prosecuted under the 14 day rule.

If you intend to use this as a basis for your defence, however, i would suggest that you employ an excellent solicitor. this comes form recent previous experience.

Thats is interesting, would you care to elaborate? I was always under the impression that if it was a cut and dry case of them issuing it well out of the 14 days then they would simply not bother fighting it.

[Peter Ward]

Adam_BGT said:

As long as you are the registered keeper of the vehicle, it isn't a company car and they wopuld have no reason for any delay in tracking you down, you shouldn't be prosecuted under the 14 day rule.

If you intend to use this as a basis for your defence, however, i would suggest that you employ an excellent solicitor. this comes form recent previous experience.

What, another clear legal statement that's ignored by the courts when it suits? Surely not!

[vonhosen]

skymaster said:

Thats is interesting, would you care to elaborate? I was always under the impression that if it was a cut and dry case of them issuing it well out of the 14 days then they would simply not bother fighting it.

What where you say you didn't get it & they say it was served ?
They are going to make you go to court.

[skymaster]

vonhosen said:

skymaster said:

Thats is interesting, would you care to elaborate? I was always under the impression that if it was a cut and dry case of them issuing it well out of the 14 days then they would simply not bother fighting it.

What where you say you didn't get it & they say it was served ?
They are going to make you go to court.

Interesting, a mate of mine go off scot free by post due to it being 3 months late. No court, That was on the advice of another mate who is experienced armed response and trafpol who advised that being so cut and dry they would have no choice but to cancel it.

[vonhosen]

skymaster said:

vonhosen said:

skymaster said:

Thats is interesting, would you care to elaborate? I was always under the impression that if it was a cut and dry case of them issuing it well out of the 14 days then they would simply not bother fighting it.

What where you say you didn't get it & they say it was served ?
They are going to make you go to court.

Interesting, a mate of mine go off scot free by post due to it being 3 months late. No court, That was on the advice of another mate who is experienced armed response and trafpol who advised that being so cut and dry they would have no choice but to cancel it.

If they can see they haven't sent it out in time then I would expect them to not bother going to court where you challenge it.
However where they have evidence of it being served, I wouldn't expect them to drop it just because you say in reply that you never received the NIP. I'd expect them to make you go to court & challenge it there.

[skymaster]

vonhosen said:

skymaster said:

vonhosen said:

skymaster said:

Thats is interesting, would you care to elaborate? I was always under the impression that if it was a cut and dry case of them issuing it well out of the 14 days then they would simply not bother fighting it.

What where you say you didn't get it & they say it was served ?
They are going to make you go to court.

Interesting, a mate of mine go off scot free by post due to it being 3 months late. No court, That was on the advice of another mate who is experienced armed response and trafpol who advised that being so cut and dry they would have no choice but to cancel it.

If they can see they haven't sent it out in time then I would expect them to not bother going to court where you challenge it.
However where they have evidence of it being served, I wouldn't expect them to drop it just because you say in reply that you never received the NIP. I'd expect them to make you go to court & challenge it there.

I agree. When it's clear that they have issued it too late and it's the first and only NIP then it's 1-nil to the motorist. You are right in that if their records suggest that a notice was sent out in correct time (dates on their their copy to back that up) then they would likely fight it. Although the letter my mate got back did state that they did issue it in time. Which was bizaar because they hadn't. It still conceded defeat at the end though...

[Lamboandy]

Unfortunately the car car is a lease car, leased to my limited company so from looking at Pepipoo i guess I'm screwed then?.

Anyone else had a similar experience?

Andy.

[Martin Keene]

Afriad so. The law says it has to be served to the registered keeper within 14 dyas.

My guess it was served to your company within 14 days and the extra time will be finding it's way to you. Unless of coure you have some kind of system for receiving mail which proves that it was not.

[CRE]

I had this a few years ago, got a NIP through the post well after the 14 day limit. I rang them to basically say "unlucky... your out of time" but I was informed that they had sent it to the original owner (not long had the car) so as far as they were concerned thay had sent it well within the 14 day limit. Just because I didnt get it within 14 days, doesnt mean that they didnt send it within 14 days.
I suspect that this is also the case with you... they probably sent it to the lease company first, so I would agree with you when you say...your screwed!
Sorry

Jamie

[Boosted LS1]

Lamboandy said:

Unfortunately the car car is a lease car, leased to my limited company so from looking at Pepipoo i guess I'm screwed then?.

Andy.

Depends on if you recorded who was driving it at that time or can remember that far back. If you don't know then I think points get awarded to the co secretary who may or may not be a driver.

[Red Devil]

Boosted LS1 said:

Lamboandy said:

Unfortunately the car car is a lease car, leased to my limited company so from looking at Pepipoo i guess I'm screwed then?.

Andy.

Depends on if you recorded who was driving it at that time or can remember that far back. If you don't know then I think points get awarded to the co secretary who may or may not be a driver.

Andy can you clarify what you mean by my limited company? Is this your own business or the company that employs you?

The first NIP will go to the lease company. Who will then write back saying 'not us guv - try XYZ Ltd'. If XYZ are your employers they will get the next NIP and nominate you as the driver. Hence the delay in you receiving your own NIP. To escape prosecution you are going to have nominate someone else as driver on your NIP. Whether that would be true only you can say.

Once nominated, the onus is on you to show/prove that you weren't the driver. Unless it's a pool car I reckon you're on a loser here.

I can't see the co secretary getting the points as he/she has already complied with the obligation under s.172, so on the evidence to date the buck stops with you I'm afraid.