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NIP of speeding recieved
I got flashed on 13th May whilst driving a hire car. I recieved a NIP on the 18th July (dated 16th July). Usually you have to be informed of theses within 2 weeks (?), but as i was in a hire car and the initially NIP went to the hire company do i have a leg to stand on? The NIP i recieved says that the original NIP was sent out within the correct period.
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Sorry no. The police are allowed a 'reasonable period' beyond the 14 day rule when there is a hire car or similar involved :( How you define 'reasonable period' I don't know. Have a look at UK Speedtraps or similar sites for more info.
Chris |
So if you are in your own car they have to post it by 14 days or they cant send prosecute?
I'm only asking because i was certain I was caught by a mobile van on the motorway2 weeks ago. Cheers |
Sorry not a hope in hell :(
If your driving the likes of a hire car, they have something like 6 months, and anyway, its the processing date of the film that has to be within 2 weeks (which it seems is normally well within this). Tony:D |
The NIP has to be served on the "Registered keeper" of the vehicle within 14 days of the date of the offence not including the offence date, and must be sent by 1st class post as a minimum.
The RK may receive the NIP outside the 14 days legally, only where it was sent within the 14 day time limit. The RK then has 28 days to reply. Any subsequent NIP's are not subject to this requirement, although in practice the CPS ahve 6 months in whichg to charge you. Outside this period it can be construed as an abuse of process. |
The NIP has to be served on the "Registered keeper" of the vehicle within 14 days of the date of the offence not including the offence date have a looka t this web site for loads of interesting info/help clicky Cheers. Max |
Originally Posted by TonyBurns
its the processing date of the film that has to be within 2 weeks (which it seems is normally well within this).
Tony:D Austen, pm me if you want some advice specific to your situation. (providing you haven't replied to the NIP) ;) |
Does anyone know if that's 14 days from the offence or 14 working days?
Thanks, Steve |
Originally Posted by Sub97
Does anyone know if that's 14 days from the offence or 14 working days?
Thanks, Steve |
From The Road Traffic Offenders Act 1988.....
Requirement of warning etc. of prosecutions for certain offences. 1.—(1) Subject to section 2 of this Act, where a person is prosecuted for an offence to which this section applies, he is not to be convicted unless— (a) he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, or (b) within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or (c) within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was— (i) in the case of an offence under section 28 or 29 of the [1988 c. 52.] Road Traffic Act 1988 (cycling offences), served on him, (ii) in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence. (2) A notice shall be deemed for the purposes of subsection (1)(c) above to have been served on a person if it was sent by registered post or recorded delivery service addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him. (3) The requirement of subsection (1) above shall in every case be deemed to have been complied with unless and until the contrary is proved. (4) Schedule 1 to this Act shows the offences to which this section applies. |
I had a letter from the NIP people saying I had not filled out my NIP form. So phoned them to say I had not recieved one. Was told that they had a statement from an officer saying the letter was posted on such and such day. They then said they would send another which really pissed me off.
Never saw another nip so thought I had got away with it but the police came to my house a year later to arrest me for none payment of fines. Yes they took me to court fined me gave me points all without my knowledge. I contested the offence and was told in court that another day would be set for another hearing. After another 6 months had a summons through for the speeding offence and went to court to plead not guilty. The prosicution asked for more time to sort paperwork and get a statement from me as to why I was going not guilty. I complained to the court that the case had gone on long enough and was costing me money to have time of work. The prosicution could not procide so the case was through out. Saying all that what stops people throwing out the Nip and saying they never recieved it? |
Originally Posted by bob
what stops people throwing out the Nip and saying they never recieved it?
Thats what they will resort to if a person continually denies having received their notice. Either that or police officers will come round and serve Notice of Intended Prosecution on you personally. |
Cheers Talizman
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Originally Posted by talizman
Recorded delivery! ;)
Thats what they will resort to if a person continually denies having received their notice. Either that or police officers will come round and serve Notice of Intended Prosecution on you personally. One wonders whether they really have the man-power to chase every case down in this fashion. I guess it depnds on the Police area and policy. J. |
I work in operations for a car rental company and we are inudated in speeding fines these days. Liability of these, and for that matter parking offences, are always passed onto the Hirer.
In our case, the vehicles are more than likely from a leasing company and we trade under a francise agreement. Because of this, the initial NIP is sent to the leasing company. They respond within the allotted time and give our details. It arrives at our H.Q. and then the branch that 'owns' the vehicle is sent the NIP. We find out who was driving and send a copy of the rental agreement which states who was driving etc. As you can see, this takes some time, so accounts for why you get the NIP sometime later. Don't be suprised if you get charged an admin fee from whoever you rented it from. They are within their rights if they've got their T&C's correct. It's a bloody full time job these days with the volume of tickets issued. |
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