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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70406
Experience:  Over 5 years in practice
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I have received a NIP the date of the offence

Resolved Question:

Hi I have received a NIP for speeding the date of the offence was 22/03/15. I recieved NIP on the 17/04/15 25 days after the offence. Do I have to accept this or can I challenge it. My car is a company car from lex auto lease
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 presume you are not the registered keeper then?
Customer: replied 2 years ago.
The NIP has come straight to me I believe and I have had previous speeding convictions that have come to me within 14 days
Expert:  Jo C. replied 2 years ago.
Thanks.
Are you the registered keeper?
Customer: replied 2 years ago.
Yes I beieve so
Expert:  Jo C. replied 2 years ago.
You need to get to the bottom of that. It would change everything. Actually I would have thought you were not. Normally that is the case with leases. If not then the NIP must have been in time.
If you are the registered keeper then 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.
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