NIP after 21 days - uk_geezer

Daughter just received a NIP dated 29th April for alleged offence on 8th April; i.e. 21 days.

Offence of 61mph AVERAGE in a 50mph roadworks section of M6.

Any suggestions please?

NIP after 21 days - martint123

"dated 29th April" ???????

If alleged offence 8th April then still with 21 days now.

NIP after 21 days - RT

It's only the 15th April now so where does the 29th April come into it.

Edited by RT on 15/04/2017 at 13:35

NIP after 21 days - RobJP

Do note that typo's, spelling mistakes and other minor matters can be rectified by what is called the 'slip rule' in court, and do not affect the validity of a NIP.

'Trying it on' in a courtroom is looked upon very dimly, and usually leads to a heavy smackdown.

NIP after 21 days - RT

Do note that typo's, spelling mistakes and other minor matters can be rectified by what is called the 'slip rule' in court, and do not affect the validity of a NIP.

'Trying it on' in a courtroom is looked upon very dimly, and usually leads to a heavy smackdown.

Some minor matters can be use to "negotiate" during the NIP process but not advisable if they correct the error and proceed.

Some years ago I got a NIP which specified the wrong time - gave a time when I was asleep at home - I didn't point out their error but laboured the point in correspondence that while I was the person "in charge" of the car, being the last to drive it the previous day and the next to drive it, I couldn't state who was driving as the car wasn't being driven at the time of the alleged offence.

I regard myself as lucky at avoiding what was otherwise a "fair cop".

NIP after 21 days - RichardW

The NIP has to be 'served' within 14 days though, so if they haven't done this, then they haven't complied with the rules and it is invalid. 'Served' means in the post, First class, to the reg keeper, within 14 days - the day it arrives is not important. OP needs to clarify the dates!

NIP after 21 days - uk_geezer

Sorry for MY typo. Dates are 28th March and 8th March.

NIP after 21 days - RT

Sorry for MY typo. Dates are 28th March and 8th March.

My original questions, before being confused, were:-

- does your daughter's name/address appear correctly on the V5C registration document for the car involved - if it's in someone else's name the 14 days only applies to the initial NIP.

- was your daughter driving the car referred to on the date/time alleged, or was someone else driving - if someone else she simple needs to give that information and reurn the NIP, failure to procide that information is an offence in it's own right.

NIP after 21 days - RobJP

As said. Basically, the police have 14 days from the date of the offence to make initial contact with the registered keeper of the vehicle.

If (for example) the registered keeper is a company (it being a company car), or a lease company, or anyone other than your daughter, then that 14 day period applies to them getting in touch with the registered keeper - it might take the registered keeper a week to reply stating who actually has the vehicle, upon which the police will have written to your daughter.

If, on the other hand, your daughter is the registered keeper, the address details on the V5 are all correct, and the police have taken 20 days to send the NIP, then your daughter can freely write back, telling them to shove it - it is out of time, and thus not valid.

NIP after 21 days - ExA35Owner

Be ever so careful here. Is this a Notice of Intended Prosecution, or a request to name the driver under S.172? Who is the Registered Keeper? Is the correct address on the V5?

If she gets this wrong she'll end up with 6 points, a biggish fine, and real difficulty in getting a low insurance premium for several years.

So please give us, or the experts on pepipoo, all the details if you want guidance. Better still, get her to do so and avoid Chinese whispers.....

NIP after 21 days - Middleman

“If, on the other hand, your daughter is the registered keeper, the address details on the V5 are all correct, and the police have taken 20 days to send the NIP, then your daughter can freely write back, telling them to shove it - it is out of time, and thus not valid.”

Not quite correct. As has been mentioned there are probably two documents involved. The first is the “NIP”. If your daughter is the RK and it arrives outside 14 days, writing back telling them to “shove it” may not produce the desired result. The NIP is deemed to have been served two working days after it was posted. If it did not arrive in time the onus falls on the recipient to prove, on the balance of probabilities, that it was not properly served. If the NIP was dated more than 12 days after the alleged offence then of course it is a slam dunk. If it was not then the burden to show failure to serve in time rests with the recipient and this will have to be done in court. As has been pointed out, this 14 day rule only applies to the first NIP.

The second document will be the S172 request for driver’s details. This must be complied with (within 28 days) regardless of whether the NIP was served in time or not. Failure to respond has nothing to do with the NIP (which gives notification of an intended prosecution for speeding) and will constitute the more serious offence under S172.

NIP after 21 days - A Driver since 1988, HGV 2006

Just pay it and move on, if you argue it you could get a £1000 fine and 6 pts as opposed to 3 points and £100 fine, if they offer you a speed awareness then its only the cost of the course which can vary between £90 - £125 and no points.

It would take prettty compelling evidence to overturn the video evidence.

NIP after 21 days - A Driver since 1988, HGV 2006

I think you need to clarify the dates ???

29th april - 8 may ?

NIP after 21 days - A Driver since 1988, HGV 2006

Pay the thing and move on, your daughter needs to drive properly in future if she wants to retain her license.

 

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