NIP / FPN time limits
Discussion
I received a nip back in January for an alleged offence 22/01/03 (48 in a 40 on a dual carriageway.)
I Asked for pictures which show the driver could have been anyone.
Subsequently sent back Nip unsigned and asked for calibration details for device, operators notes, proof of drive through test with calibrated speedo, operating and maintenance manual, Operators training record etc
The BIB sent back a copy of the unsigned NIP asking me to sign it and stating all the remaining evidence would be available to the court if a hearing is requested by the driver.
To daten othing has happened
I believe the BIB have six months to lay a summons before a court.
How do I know if this has been done?
Is 6 months from the date of alleged offence?
What happens if it is beyond six months?
Will I now get a FPN so thatI can elect to go to court?
How do I find out what is happening with my case without reminding the BIB about it?
Any advice would be much appreciated
Thanks
I Asked for pictures which show the driver could have been anyone.
Subsequently sent back Nip unsigned and asked for calibration details for device, operators notes, proof of drive through test with calibrated speedo, operating and maintenance manual, Operators training record etc
The BIB sent back a copy of the unsigned NIP asking me to sign it and stating all the remaining evidence would be available to the court if a hearing is requested by the driver.
To daten othing has happened
I believe the BIB have six months to lay a summons before a court.
How do I know if this has been done?
Is 6 months from the date of alleged offence?
What happens if it is beyond six months?
Will I now get a FPN so thatI can elect to go to court?
How do I find out what is happening with my case without reminding the BIB about it?
Any advice would be much appreciated
Thanks
AFAIK the six months relates to the laying of evidence to obtain the summons, the issue can be later, and the serving of the summons can be anytime, no limit.
Asking for all the calibration evidence etc. is just taking the piss (IMHO) and is likely to encourage them. Are you the only named driver on the insurance policy? If so, you will have a hard time arguing against it being you. Also you are not entitled to see any evidence unless you plead not guilty, they sometimes send the pix to be helpful but are not obliged to do so.
The NIP appears to have been issued in good time, no hope on that one. On what grounds do you wish to contest it?
Asking for all the calibration evidence etc. is just taking the piss (IMHO) and is likely to encourage them. Are you the only named driver on the insurance policy? If so, you will have a hard time arguing against it being you. Also you are not entitled to see any evidence unless you plead not guilty, they sometimes send the pix to be helpful but are not obliged to do so.
The NIP appears to have been issued in good time, no hope on that one. On what grounds do you wish to contest it?
kevinday said:
Are you the only named driver on the insurance policy? If so, you will have a hard time arguing against it being you.
Why? Surely it doesn't atter who is named on the insurance policy. As far as I know my fully comp policy entitles me to drive another car with 3rd party cover only. Therefore I am not a named driver on another policy.
Equally if my car was in the garage and was taken on a test drive, I could get a NIP, I could reply driver not known, could I suppose say it was at the garage, but them having a copy of my insurance policy is not going to help them determine who was driving.
Because it is the owners responsibility to ensure any driver is properly insured, therefore the driver must be known because the owner should check the insurance details.
IMHO as far as test drives go, it would be difficult to argue this unless you could produce copies of the advert etc.
IMHO as far as test drives go, it would be difficult to argue this unless you could produce copies of the advert etc.
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