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Jo C.
Jo C., Barrister
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I was allegedly caught speeding in a hire car on the 20/08/2014

Customer Question

I was allegedly caught speeding in a hire car on the 20/08/2014 by a mobile unit. The issue date on the NIP is 04/09/2014. Could I argue that it was not sent in adequate time for the 14 day rule and what are the chances of this argument being successful in having the speeding fine revoked?
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.
I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.
Unfortunately the rules are that they must send out a NIP on a date that would by ordinary post reach the registered keeper within fourteen days. When it reaches the actual driver is a non issue.
Since you are not the registered keeper you do not have that protection. The police will have sent the original NIP to the keeper probably within fourteen days and they replied naming you as the driver. Sadly they are still in time.
Obviously you could wait to see if they remember to summons you. They do quite often forget and if they do you will walk away within nothing.
Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.
Hope this helps. Please let me know if you need more information
Customer: replied 2 years ago.

The offence was on the 20/08/2014 but the original NIP was not sent to the hire company until 04/09/2014 which is 15 days from the alleged offence (inclusive of the day of the offence). Sorry for the misunderstanding. I gained a copy of the original NIP sent to the hire company and this is the date of issue on it?

Expert:  Jo C. replied 2 years ago.
If that is the date of issue upon the original NIP then you could argue that is out of time.
That doesn't mean you don't need to complete the S172 forms though. If you do that then they will just charge you with failing to identify which is probably what they are hoping you will do.
Customer: replied 2 years ago.

I have filled in the form with my details, is this the form you mean? I have now received a letter saying that I can accept a fixed penalty of 3 points and £100 fine. So how do I not accept the fixed penalty and go to court to argue my case and do you think I would be better off going to court or just accepting the fixed penalty?

Expert:  Jo C. replied 2 years ago.
That really comes down to how much risk you want to take.
The fixed penalty offer can be ignored if you are happy to run the risk of going to court. They do have until February to summons you. The chances are that you won't be summonsed if they are out of time.
If they do then you would have to go to court and argue the NIP was out of time originally. That should be decided in your favour on the facts that you present above but obviously Magistrates do sometimes make the wrong decision so you can't ignore the risk.
Customer: replied 2 years ago.

If I chose to go to court are they likely to issue me with more points or a higher fine?

Expert:  Jo C. replied 2 years ago.
No more points but there is an outside chance of a higher financial penalty. You would have to pay costs of around £150 to £300 for a contested trial plus the victim surcharge. This is not very likely but it is an outside chance.
Jo C., Barrister
Category: Law
Satisfied Customers: 69778
Experience: Over 5 years in practice
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Customer: replied 2 years ago.

Thank you for your help!

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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