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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70719
Experience:  Over 5 years in practice
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I was caught by a motorway speed camera on 10/04/15 doing 72

Resolved Question:

I was caught by a motorway speed camera on 10/04/15 doing 72 mph in a 60 zone controlled by varaibale speed cameras. I have a company car and the NIP was sent to my company within the time limit and they replied, also within the specified time giving my details I received a NIP addressed to me dated 28/07/15 which mentions that I meet the criteria to be offered a driving course but it also says that this must be completed within 4 months of the offence which only now leaves 10 days. Is this reasonable and are there grounds to dispute the penalty because of the late issue of the NIP to me?
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?
Customer: replied 2 years ago.

No, the car is a company car registered to my employers, I was driving the car at the time and the company responeded to the originalNIP giving my details

Expert:  Jo C. replied 2 years ago.
Thats what I thought.
Sorry if I am missing the point but what is the time limit point then?
Customer: replied 2 years ago.

Firstly is there a time limit after the offence by which the NIP should be issued to me as the driver of the car and therefore the offender.

Secondly the NIP states that I meet the criteria for a driving course but it has to be completed within 4 months of the date of the offence i.e. by 10th August. Considering that it is now the end of July does this leave a reasonable time period to be able to take up this option.

Expert:  Jo C. replied 2 years ago.
Thanks.
On your specific points
1 No. The only time limits are that the original NIP must be sent out within 14 days of the incident and they must lay an information in entirety within 6 months.
2 It isn't ideal but those are their demands. The problem they have is that they are trying to leave enough time to summons if they need to. Some people would just accept the course and then not doing placing them in a position where they are time barred.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

So my only option is to reply to the NIP immediately and hope that they offer me the course otherwise I have to accept the penalty even though their delay in sending the NIP directly to me has virtually made this inevitable?

Expert:  Jo C. replied 2 years ago.
Yes, that is right I'm afraid.
There is no right to demand the course anyway. It is purely an invention of the police I suspect to divert these things away from the courts.
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