Speeding (again)- recieved NIP 1 1/2 months after event
 

Been To PePiPoo.com and had a look but for some reason cant post ontheir forum, still....

36 in a 30, gatso. NIP dated 13/7, offence took place on 24/5, month and a half earlier.

The vehicle is addressed to the company, seeing as im the boss i got it straight away.

Whats the deal?

what do i have to do?

Thought they had 14 days to issue the NIP regardless whether its to an individual or company?

You need to find out if this is the first NIP sent.

As I remember it they have 6 months if it is a company. I received one from my employers in December 2001 for a speeding offence in the previous August. I looked up the rules at the time and then paid the fine.

Sorry forgot to mention that they do have to notify the registered keeper within 14 days; then they can get you later.

AFAIK the 14 days applys equally to individuals and companies alike. Once NIP sent thay have 6 months to prosecute.

They have 14 days to notify the registered keeper. If the company is the registered keeper than it is out of time and you can dismiss it. However, I am guessing that the company is not the registered keeper as it is norm for companies to lease cars in which case the lease company should receive the NIP in 14 days.

It is actually 3 weeks from the date of the offense that they have to notify the registered keeper.
If the registered keeper then says it wasn't them, i'm not sure what the time scale is.
Were you driving at the time?

The Registered Keeper must be notified in 14 days. If the car is leased that will explain the delay. If you are named in the V5 as the keeper the NIP is out of time.
In your position I would copy everything including the envelope it in which it came and return it with a note stating it has been received outside the required 14 days. (assuming you are in fact the RK)
Good luck.
Let us know how you get on.
P.S. Do not send it straight back. Wait until after the week-end.

Section 1 of the Road Traffic Offenders Act 1988 states 14 days from commission of the offence.

I stand corrected.

They have to ISSUE the NIP within 14 days so if you allow another week for post, I take it you know about the latest get out clause with the NIP? where you mention that you haven't been cautioned so there is nothing they can do as long as you tell them who was driving and put in a letter that you are complying with their request by giving the name of the driver but no legal action can be taken as you weren't cautioned? If not, it's here: http://forums.pepipoo.com/index.php?showtopic=2846 from the looks of it, it works so it's worth a try but as you say surely this one has "timed out" as they say on pepipoo.

HTH

Nathan

You could always pop a post on 5ive-o (Firefly from pepipoo is reg on there as well):

http://www.5ive-o.org/forum/forumdisplay.php?f=12

www.pepipoo.com

everything you will ever need to know.

ian

He said he couldn't post on there for some reason which is why he asked one here.

Nathan

they have 14 days to notify the registered keeper of the vehicle, then 6 months to prosecute or issue the summons.

If the registered keeper of the vehicle does not receive the letter within or on the 14th day than the NIP no longer counts. But, you cant keep the letter for a week then say you've only just received it cos the post date is on the envelope etc.

Not quite, it needs to have been sent and expected to have been received within 14 days. they have to allow for Bank Holidays and such like but if the letter fails to arrive through no fault of their own, it is deemed to have been served.

yes very true but they have to prove it from there prospective and they never bother, well they dont in south yorkshire anyways. Not sure about other forces.

They do bother as they keep a carefully audited record of the posting of each and every NIP. This is then used to establish if the NIP was posted such that it could normally be expected to have arrived within 14 days of the offence. Even if you never get the NIP this record is sufficient for them to demonstrate to a court that the NIP was served. While this is slightly mad logic, as it is impossible for you to prove that you didn't get the NIP, this is the way the legal system works with regard to the NIP. Basically if they say they sent it within the 14 days then the court will deem to you have received it no matter whether you did or didn't.

i think you'll find that it's 14 from the DAY after the offence, effectively meaning it's 15 days from the DATE OF OFFENCE :)

as already discussed, if the NIP gets sent to the leasing/hire company it's deemed as being served. the company is then compelled to state who was the driver/keeper of the vehicle at the time the offence occured. they then have 6 months to summons the nominated driver. however, if the summons is not served until 5 months and 2 weeks, you can try the defence that it's a breach of process as they should have served it sooner

hth

Thanks for your advice, all been duly noted and ill let you know the outcome :)

regards

Dan

They have 14 days plus a reasonable time for postage. Looks like they have screwed that one so I should think you can tell them to take a running jump. :)

Les

I so say committed an offence on the 16/05/2006 and have a NIP issued on the 10/07/2006.

I received a reminder from them a few weeks ago, as I knew nothing about the first (so say NIP) I telephoned them and explained. They said they would issue me with the notice.

Surely this has exceeded the "14 days plus a reasonable time for postage" period?

Any advise would be appreciated ;)

Thanks Phill