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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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On the 12th april 2015 I was flashed by a static road side

Customer Question

On the 12th april 2015 I was flashed by a static road side camera doing 50mph in a 40 zone, however I have only received the NIP today 28th May 2015, the police letter is dated the 27th May which is over 6 weeks ago. I have lived at my address for 4 years and have been the registered keeper of my car for well over a year so the police have no excuses for any delay in contacting me. Does this now invalidate the NIP?
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.
What is the post mark on the envelope?
Customer: replied 2 years ago.

Hi I'm not sure what the postage is on the envolope as it's in my car but the letter they sent is dated May 27th and I received it on May 28th

Customer: replied 2 years ago.

Hi Jo,

Thanks for your reply. The date on the police letter is May 27th and I received it on May 28th which is well over 6 weeks from the date of the offence which was on April 12th

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. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Jo,


Thanks for your message.

Just to let you know that after I received your answer I rang and spoke to the traffic enforcement team at Northumbria Police and pointed out they had failed to issue the NIP within the 14 day limit. Very abruptly she informed me that the 14 day rule didn't apply in my case as she said the police had requested to the information from the DVLA within this time but my details were not recorded with the DVLA as me being the registered keeper of the vehicle.

I've since contacted the DVLA regrading this and they have informed me that my details are correct and up to date so if the police had requested the information they would have been informed that I have been the registered keeper since the 14th August 2014 as it clearly states on my V5.

I also have a copy of the receipt from the post office when I taxed the car the day after I bought it. I have also had 3 parking tickets issued within the last 12 months.

Do you have any suggestions I can make to the police regarding this?

Many thanks in advance for your help

Jason Richards

07500 505059
Expert:  Jo C. replied 2 years ago.
Well, really as I said.
It is never a good idea to get into a row with them. They are never going to agree with you. The right thing to do is comply with S172 request and argue it if they summons.
If they have made reasonable efforts to find you then the 14 day rule would not apply but on your account that cannot be right.

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