Nip 14 day rule etc.
 

Hi,

I've just received my long awaited first NIP today and noticed straight away that it has been longer than 14 days since the offence.
Date of offence: 16/02/05
Date issued: 07/03/05
Date posted: 07/03/05

Going from this i've checked in here and Pepipoo but can't find out if it's 14 working days or just a plain 14 days before the NIP becomes void.

Anybody have any idea's?

TIA

My idea is that you pay it and don't waste your time searching for a 'get out of jail free card'!

Pete

Thanks Pete, such a great help.

Really, just pay up and move on ................ it REALLY is the best advice I can give!

Pete

Then you really shouldn't be giving any advice at all, should you.

Is the car registered to you? If not they would have to contact the Registered Kepper first you would say "refer to Scoobyvirgin at ...."

If the car is tregistered to you, at your current address then I think you are lucky and a free man!

its 14 straight days afaik

If its a company car theyre allowed longer than 14days, usually takes about a month according to CC drivers in my firm. Im not sure if theres a limit on how long it can take when its with a company car however.

Not quite true. They have 14 days to issue the NIP to the registered keeper. It could turn up later but if it is dated outside the 14 day you are clear.

In the case of company cars, usually the car is registered to either the company or a leasing provider, hence they have 14 days to issue to them, but this rule does not apply to the nominated driver.

It didn't take the 2 trick SN troll long to find this thread :D

The car is registered in my name and has been for nearly a year. Hopefully i'm in the clear as adding 3 points to my collection will put me in double figures!!
:D

it also has to be sent first class post

Bo**ox.... Fight it all the way....

It NIP should be sent out within 14 days of the offence, although i've heard of leniency of this over Xmas & Bank holidays, Etc...


Did some research along time ago & found loads on the Net, unfortunatly upraded my pc & lost all my old bookmarks... i'm surpsised you can't get any help on Pepipoo, as long as your straight with them on there & give them all the facts, there is usually someone who'll give you legal advice...

Sorry can't be of more help, but if i find anything i'll put it up on this thread. Only thing i will say is do your research, don't give up, fight it, i'm sure you've got a case...


Good Luck,

Gazza...

As long as you have not recently purchased the car, moved house or are not the RK then they have 14 days from the day of the offence to 'serve you'
Bank Holidays/weekends are not an excuse they can use, strike action is the only way out of the 14 day rule if all the above are in order.

Sure I have posted this elsewhere but :

The Orifficer in charge of road safety cameras
their addy




Dear Sir/Madam,

C19118392 - Notice of Intended Prosecution

I received your letter dated 21/02/2005, 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 11:43hrs on 10/02/2005. The Notice is dated 21/02/2005, and it came to me by post, received on 25/02/2005. 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 16th day from the date detailed in your Notice.

After 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.
I trust this matter is now concluded.


Yours sincerely




Ivor bigun
Registered Keeper

A lot of keyboard heroes here aren't there?

At the end of the day the fine will be paid, despite all the huffing and puffing .... all I suggested was to get it over with quickly and move on.

It remains the BEST and most SENSIBLE advice offered so far! :rolleyes:

If you have the time and energy to fight it then good luck, please keep us informed of the process as it unfolds? I would REALLY like you to get one over on them, please keep us posted!?

Pete

yes but if its for the sake of a quick letter to state theyre in the wrong and they then accept this, then 60quid and 3 points has been saved + insurance increase.

oh i forgot you never speed :mad:

That'd be me :D

You'd be amazed how many times poeple just 'roll over', when infact a little 'digging' to discover the legalities followed by a simple letter will quash most false, unjust or incorrectly served penalty notice. By law they had 14 days to get the NIP to this guy, they failed, therefore he's home dry......It's the law, if we are expected to obey it, so should they. :thumb:

Would you roll over and accept any crime your were accused or is it just speeding offences?

So? you are saying that letter got you off a speeding fine?

Have you got their response?

Pete

Not what I said.

Although I am reliably informed the response will probably be silence rather than acknowledgement of fault on their side.

I'll keep you posted.

So? let me get this straight .... you, as a keyboard hero .... are suggesting that someone else uses that letter to try and get off ................... in the meantime you will 'just see what happens from the comfort of your PC swivel Chair?'

Pete

Not at all Pete, I am waiting for a reply to exactly the same letter I sent in response to a 'late NIP'. TVP have been in receipt of the letter for a full two weeks now.

OK, then you have my respect ..... I would be interested to know what they do - they get letters like this all the time, I am genuinely interested in what happens ..... keep us posted!!

I know my brother-in-law wrote a letter saying he didn't know who was driving and wanted a photo (he heard nothing back from them for 3 months - then he got a nasty letter saying pay up or its court!) ...... he paid!

Hence my sceptisism

Pete

Dear Mr Petey Person,

We are all governed by rules by which we have to adhere.

Which means us and them

Thankyou

Sceptisism is good. Shame your brother-in-law wasn't, he should not have paid, he should have demanded the evidence, he is legally entitled to view the photographic/video evidence and as such should have stuck to his guns.

The Police/CPS/Camera Saftey Partnerships ARE The Law, Not ABOVE It...

I will keep you posted on my particular situation :thumb:

Hi

read the RTA1988 for the 14 day rule

http://www.hmso.gov.uk/acts/acts1988...en_2.htm#mdiv1

PS Lewis your relative should have stuck to his guns and followed through with the paragraph 4 defence, see here

http://www.hmso.gov.uk/acts/acts1991...n_2.htm#mdiv21

Give it a rest Pete, you tedious prat, just because you'd roll over and take it up the arse from anybody accusing you of a misdemeanour doesn't mean the rest of us are that way inclined. Having an accusation made against you is one thing, accepting it without question is quite another. As I'm sure you're well aware, you're entitled to expect people in authority to follow the prescribed rules in the same fashion as they expect you to, hence if the NIP doesn't appear in the allocated time, and there are no reasonable circumstances to explain why, it's game over. Simply don't believe that your respone was the best you could come up with, just suits you to take the moral high ground, regardless of your own speeding conviction.
Btw, put your own smilies in where you think they're applicable, I can't be arsed!

I had a NIP served to em - within the 14 days. Did I roll over and cough up?? Did I heck! May have posted already but basically I couldn't be sure who was driving that day (myself and the wife both drove that road a couple of times it being local to me) and said so. Even their *enhanced* photos couldn't make out the driver so, under section 172, I had shown 'reasonable diligence' in trying to identify the driver and they said 'go away for now' (there was an implied 'until the next time son' but I just stuck 2 fingers up to that!!).

Fight it all the way. Use Pepipoo etc. The more people fight the less monety these guys get and the more it is exposed that 'speeding' is all about money and bog all about safety!

Dave

I tried to put in some smilies but couldn't find a point where you stopped for breath long enough!! :eek:

Handy hint if you want to be taken seriously:- ..... "Make it easy to read!" :rolleyes:

Just like this, see - makes it a pleasure doesn't it? :D

Insert your smilies where you see fit!

Pete