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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69786
Experience:  Over 5 years in practice
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Good afternoon, I received an NIP yesterday for a speeding

Customer Question

Good afternoon,

I received an NIP yesterday for a speeding offence on 02/01/14.The car I was driving
was purchased on 17/12/13 & my registration details were on the DVLA database by
06/01/14.Is this NIP out of time?

Regards,

Martin Ball
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help you with this please?
Customer: replied 3 years ago.

Hi Jo,


 


The date on the NIP is18th March.I thought that the time limit for


sending out an NIP is 14 days.Is this NIP still enforceable?


 


Regards,


 


Martin Ball.

Expert:  Jo C. replied 3 years ago.
Whats the date of the offence please?
Customer: replied 3 years ago.

2nd January 2014

Expert:  Jo C. replied 3 years ago.
Ok.

But the DVLA say that your details were not registered until the 6th ?
Customer: replied 3 years ago.

The 6th id the date which appears on the new registration document in


my name & sent to me by the DVLA

Expert:  Jo C. replied 3 years ago.
Thanks.

The obligation is to send the NIP and S172 form out on a date that would by ordinary post reach the registered keeper within 14 days.

They will be saying that they did do that but the dates of registration crossed in the post.

So, it would probably have gone to the dealer who declared you as the driver.

If that is right then they are in time.

This will come down to your appetite for risk. You can plead not guilty and ask the Crown to prove they acted correctly. I used to prosecute traffic courts all the time though and the dates here would fit with that explanation. That said, it might be that they are just out of time. It wouldnt be the first time they've issued a NIP out of time.

If you are prepared to do that then you can always plead guilty at court or by post. The costs will be racked up against you but not by the sum of a trial.

You could also write to CPS and ask them to confirm the dates of issue. They do not have to do that but it seems a reasonable enough request and its easy for them to check.

Either way though, you need to comply with your S172 responsibilities or they will just prosecute you for failing to identify which carries 6 points and a much higher fine.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69786
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Jo,


 


I will take speed awareness if it is offered,if not I will pay the fine.


 


Regards,


 


Martin Ball.

Expert:  Jo C. replied 3 years ago.
To be wholly honest, that is the right decision.

From the timescales it will almost certainly be as I said.
Expert:  Jo C. replied 3 years ago.

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