NIP 5 Months Later
Discussion
A colleague of mine has just come into the office with an NIP dated 08/03/04 for an offence dated 27/10/03. Now this is clearly outside the 14 days, and I am stunned Thames Valley have the cheek to send it out.
There does not appear to be any valid reason for the delay car is registered to correct owner and address, both now and at the time of the offence.
Anyway can anyone point me in the direction of a template letter, or the relvant piece of law for this guy to fire back at them...
Many thanks..
There does not appear to be any valid reason for the delay car is registered to correct owner and address, both now and at the time of the offence.
Anyway can anyone point me in the direction of a template letter, or the relvant piece of law for this guy to fire back at them...
Many thanks..
I found this over on http://pepipoo.com/NewForums2/viewtopic.php?t=87
Dear Officer ******,
CVVVVVVVV - Notice of Intended Prosecution
I received your letter dated *********, the references for which are detailed above. I have enclosed a copy of the Notice sent to me recently, for ease of cross-reference.
You have written to me because I am the Registered Keeper of the vehicle mentioned in your Notice. My address is correct as per the details at DVLC, and the vehicle was not a Company car, and was neither hired nor borrowed.
No Officer spoke to me at the time of the alleged offence, and no accident took place. Also, no Police person has spoken with me at or near the time and place detailed in your Notice. The written Notice is the first indication from you of any intention to prosecute.
Your Notice details the alleged offence as VV:VVhrs on *********. The Notice is dated ********, and it came to me by post, received on ********. At the time of opening the mail item from you, I signed and dated the Notice in a space at the top of the page.
Including the day of the alleged offence, this was **th day from the date detailed in your Notice.
Following discussions with the RAC Legal Helpline, please note that the Notice cannot be acted upon as it is time-expired. For this Notice to have been valid, it ought to have been with me within 14 days of the alleged offence.
It was suggested I write back to you immediately with these comments.
Yours sincerely
VVVVVVVVV
Registered Keeper
++++
Dear Officer ******,
CVVVVVVVV - Notice of Intended Prosecution
I received your letter dated *********, the references for which are detailed above. I have enclosed a copy of the Notice sent to me recently, for ease of cross-reference.
You have written to me because I am the Registered Keeper of the vehicle mentioned in your Notice. My address is correct as per the details at DVLC, and the vehicle was not a Company car, and was neither hired nor borrowed.
No Officer spoke to me at the time of the alleged offence, and no accident took place. Also, no Police person has spoken with me at or near the time and place detailed in your Notice. The written Notice is the first indication from you of any intention to prosecute.
Your Notice details the alleged offence as VV:VVhrs on *********. The Notice is dated ********, and it came to me by post, received on ********. At the time of opening the mail item from you, I signed and dated the Notice in a space at the top of the page.
Including the day of the alleged offence, this was **th day from the date detailed in your Notice.
Following discussions with the RAC Legal Helpline, please note that the Notice cannot be acted upon as it is time-expired. For this Notice to have been valid, it ought to have been with me within 14 days of the alleged offence.
It was suggested I write back to you immediately with these comments.
Yours sincerely
VVVVVVVVV
Registered Keeper
++++
e! 
Also, they have six months to lay the papers for the original speeding. Just in case there is a valid reason for the delay, or that they say this is a 'reminder', procrastination is the name of the game.
If, for example, the keeper is not the driver, 2 * 28 days takes it by the six months.
If, for example, the keeper is not the driver, 2 * 28 days takes it by the six months.
andygo said:
They'll just say thats the second copy and that the first was sent on time.
I think not - if they'd raised and sent a first NIP (delivered or not) they'd be able to just serve a summons on the registered keeper.
They wouldn't bugger about with a second NIP where they had the chance to get a crafty prosecution.
>> Edited by CarZee on Wednesday 10th March 09:46
CarZee said:
They'll just say thats the second copy and that the first was sent on time.
I think not - if they'd raised and sent a first NIP (delivered or not) they'd be able to just serve a summons on the registered keeper.
They wouldn't bugger about with a second NIP where they had the chance to get a crafty prosecution.
>> Edited by CarZee on Wednesday 10th March 09:46
By all acounts these scammers presumably despatch hundreds of NIPs per day. By ordinary mail. Are they really going to obtain "proof of postage" slips for all of them?
They sent one to the firm regarding a car they'd disposed of via auctioneer. Firm completed the section on back accordingly and returned it with all relevant documents as proof. 5 weeks later - received summons "for not naming driver".
All this (and other stories) seem to show is that these so-called Road Safety Partnerships have cavalier attitude to accurate paperwork in their SPEED to make a quick buck out of the motorists
Letter duly crafted and sent off as per JamesTT's suggestion, recorded delivery of course. I can't see how they can force this one. The guy has been the registered keeper at the same addess for over 2 years, so there is no excuse for not being able to get the paperwork to him on time. As Carzee says if they claim an original was sent on time, and had received no response then surely the next move, should have been to send a summons for failure to supply details of the driver.
To me this amounts to little more than extorsion..
To me this amounts to little more than extorsion..
Beggarall said:
Hi
I will be interested in the outcome of this - I have just received a NIP from Thames Valley Police dated 10 March for an alleged offence on 17 December 2003 - (54mph in a 40). How did they respond to your letter? What should I do next - any help appreciated.
Are you the registered keeper, and have not moved recently, and the car is registered to your current address? If so, first check the date of the post-franking, the post office may have not delivered it for some reason. If the date is later than 31st December (14 days counting from the day after the alleged offence) write back, enclose the NIP and politely tell them that the NIP is 'out of time'. Keep the envelope it arrived in as proof.
Beggarall said:
Hi
I will be interested in the outcome of this - I have just received a NIP from Thames Valley Police dated 10 March for an alleged offence on 17 December 2003 - (54mph in a 40). How did they respond to your letter? What should I do next - any help appreciated.
Letter only sent Thursday, but I will report back if / when I hear anything. But as the previous advice says if you are the registered keeper, and your details were correct at the time of the offence, the NIP is invalid. I would write sooner rather than later and tell them so, you only have 28 days to respond and I wouldn't guarentee they will respond before then. It looks more and more like Thames Valley have a backlog and are just trying it on.
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