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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69784
Experience:  Over 5 years in practice
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I went through a mobile speed trap at 37 miles an hour in a

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I went through a mobile speed trap at 37 miles an hour in a 30 mile zone they sent me an nip 63 days later I really don't think I was going at that speed what can I do about it
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you the registered keeper?
Do you accept you were speeding?
Customer: replied 2 years ago.

I can not remember the incident probably because it was so long ago and I am the registered keeper

Customer: replied 2 years ago.

I am the registered keeper and I don't think I was speeding

Expert:  Jo C. replied 2 years ago.
Is this NIP entitled reminder anywhere>
Were you stopped at the scene?
Customer: replied 2 years ago.

I still have the nip and I was not stopped at the scene

Expert:  Jo C. replied 2 years ago.
Ok.
So does it have reminder on it anywhere?
I presume that the DVLA have the correct address for you?
Customer: replied 2 years ago.

the DVLA have my address I bought the car at least two months before the incident .on the leaflet sent with the nip on the frequently asked questions section question 7 it says motorists are sent a reminder after 28 days if they fail to respond

Expert:  Jo C. replied 2 years ago.
Ok. But does the document itself have reminder? Usually its under the address but in the body of the letter?
I will respond in the morning if that is ok.
Customer: replied 2 years ago.

no the letter does not have a reminder . the car was bought on 24th of may 2014 . the incident took place on the 11th of june 2014 .only 18 days apart. an answer in the morning is ok

Expert:  Jo C. replied 2 years ago.
Thanks,
I don't suppose you know when the DVLA would have updated their records? You weren't notified?
Customer: replied 2 years ago.

registration docs say bought vehicle 24th 5 2014 doc ref 23 6 2014 still leaves a deficit one and half months I am sorry I have to take a wagon down south I will not be back till wed afternoon I am leaving in 20 minutes

Expert:  Jo C. replied 2 years ago.
Good news then. They are time barred.
The rules are contained in S1[1]c] Road Traffic Offenders Act 1988 which you’ll find here
http://www.legislation.gov.uk/ukpga/1988/53/section/1
They must either deliver a NIP verbally at scene or serve it upon the registered keeper within fourteen days of the offence.
Under S1[1A] the notice should actually arrive within 14 days.
However, its important to respond in a particular way. The document you have received is confusing. Although it is one document, it contains both a NIP and a S172 form which are two different legal entities. They may well be time barred on the NIP but that doesn’t mean you can avoid your S172 responsibilities.
If you don’t respond naming the driver on the S172 form they will charge you with failing to identify. Probably they are hoping you will do exactly that so that they can prosecute you for something.
If you do fill out the forms naming the driver then its likely you would hear no more about it. If they do seek to prosecute you then you can rely on the fact that the NIP was out of time.
Hope this helps. Please let me know if you need more information.
Jo C., Barrister
Category: Law
Satisfied Customers: 69784
Experience: Over 5 years in practice
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