92 days until receipt of NIP
Discussion
A colleague of mine told me about the following set of circumstances that have happened to her. Can any of you PH'ers give advice? Apologies for a bit of a long post.
In January this year she bought her car, and was registered as its keeper, at her current address, with DVLA by 21 January.
On 19 February she was caught by a Gatso doing 36 in a 30 zone.
She has recently received an NIP dated May 22 at her home address. On querying this with the police, they told her that the NIP was sent to her at an address in the correct home town, provided by DVLA. When she said that she hadn't received it, she gave them her current address, her parents' address, her previous address in that town, and the address of the car's previous owner from the V5 form. None of them were the address to which the police said they'd sent the NIP, but they said they couldn't disclose what the address was.
She's currently in Limbo having written to contest the NIP because of a huge backlog the police apparently have, but they have said that they aren't allowed to prosecute until they have responded to her written dispute to the NIP.
I think she's got to be in the clear, since the police, if they DID send an NIP out within 14 days, clearly didn't send it to the Registered Keeper of the vehicle at ANY remotely connected address.
Any thoughts?
Cheers
Diggers
In January this year she bought her car, and was registered as its keeper, at her current address, with DVLA by 21 January.
On 19 February she was caught by a Gatso doing 36 in a 30 zone.
She has recently received an NIP dated May 22 at her home address. On querying this with the police, they told her that the NIP was sent to her at an address in the correct home town, provided by DVLA. When she said that she hadn't received it, she gave them her current address, her parents' address, her previous address in that town, and the address of the car's previous owner from the V5 form. None of them were the address to which the police said they'd sent the NIP, but they said they couldn't disclose what the address was.
She's currently in Limbo having written to contest the NIP because of a huge backlog the police apparently have, but they have said that they aren't allowed to prosecute until they have responded to her written dispute to the NIP.
I think she's got to be in the clear, since the police, if they DID send an NIP out within 14 days, clearly didn't send it to the Registered Keeper of the vehicle at ANY remotely connected address.
Any thoughts?
Cheers
Diggers
Was the NIP addressed to her name but an incorrect address?
If it was sent to her by name and within the 14 days but the address was found to be unservable, then the Police will have complied with the legislation and the NIP will be lawful. they only have to prove that diligent enquiries were made to send the NIP to the registered owner. If that is your friend, then I am afraid she will be prosecuted as though the NIP was served within time even though it wasn't.
At court if she pleads not guilty on the basis that the NIP was out of time, the Police will simply provide the copies of all the NIPs to the court with the relevant dates showing that they made all the necessary enquiries to send the NIP within time. It is not the fault of the police that the information supplied to the DVLA was not correct.
The fact that she did not receive it for 92 days is not a defence if the Police prove they sent the first one within the required time limit.
If it was sent to her by name and within the 14 days but the address was found to be unservable, then the Police will have complied with the legislation and the NIP will be lawful. they only have to prove that diligent enquiries were made to send the NIP to the registered owner. If that is your friend, then I am afraid she will be prosecuted as though the NIP was served within time even though it wasn't.
At court if she pleads not guilty on the basis that the NIP was out of time, the Police will simply provide the copies of all the NIPs to the court with the relevant dates showing that they made all the necessary enquiries to send the NIP within time. It is not the fault of the police that the information supplied to the DVLA was not correct.
The fact that she did not receive it for 92 days is not a defence if the Police prove they sent the first one within the required time limit.
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