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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69532
Experience:  Over 5 years in practice
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The speeding offence was dated the 23/2/15 and the

Customer Question

Hello.
The speeding offence was dated the 23/2/15 and the NIPis dated the 10/3/15. It was received on the 12th March.
Do I have grounds to ask it to be cancelled. There was no date stamp on the envelope.
In addition the Christian name on the NIP is incorrect although the Surname is correct.
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.
Are you the registered keeper?
Customer: replied 10 months ago.
I am the registered keeper. My name is ***** ***** IP shows Darren.
Expert:  Jo C. replied 10 months ago.
It really doesn't matter about the name.Do the DVLA have the correct address for you?
Customer: replied 10 months ago.
My Address is Little Loughton Manor. They have The Manor 10 The Green. Everything else is correct.
Customer: replied 10 months ago.
It is dated 16 days after the offence!
Expert:  Jo C. replied 10 months ago.
That might explain it. It depends really.The obligation is to send a NIP to the address registered with the DVLA for the registered keeper. If there is an error with that address then they will argue that they made reasonable enquiries and, in fairness, they are only two days out so that would be accepted.The name is ***** ***** issue. There is case law on what makes these things defective and it has to be literally such that you cannot understand it is for you. There is no doubt that this is addressed to you.Can I clarify anything for you?Jo
Customer: replied 10 months ago.
Hi Jo,
Ok it seems that I have little choice than to comply which I suspected might be the case. The temptation is to argue the point but if you see little hope in succeeding then you have answered my questions in full. My wife's licence is clean and she was the one driving. Thank you for your speedy assistance but I guess she will have to take the points or go on a course.
Thank youDerek Martin
Expert:  Jo C. replied 10 months ago.
Even if they are out of time you would have to comply with the duty to disclose.Otherwise they will just charge you with failing to identify which might be what they are hoping you will do especially if they are out of time.
Expert:  Jo C. replied 10 months 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/
Jo C., Barrister
Category: Law
Satisfied Customers: 69532
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Dear Jo,I was thinking of sending the letter below in the hope that they might drop the matter. Please would you make any comments you may have about the letter and also let me know if it will make matters worse in anyway and what the likely outcome may be.RegardsDerek MartinCameras and Tickets Office
P.O. Box 486
Stevenage
SG1 9JB14 March 2016Dear Prosecutor in Charge,
Notice of Intended Prosecution: 0403050135198220
I write to acknowledge receipt of your Notice of Intended Prosecution Notice (above-referenced) dated 10 March 2016 and received on 11 March 2016.
I reject the NIP on the grounds that it was sent to me after the 14 day period required to issue an NIP by law.
You will be aware that the 14 day period begins from the day after the alleged offence. I received the NIP dated 10/03/2016 on 11/03/2016 and according to the NIP the date of the offence was 23/02/2016.
Please find enclosed a copy of the NIP, with the date that the alleged offence took place highlighted.
It is clear from the above that the NIP arrived too late and therefore, is invalid.
The Notice cannot be acted upon as it is time-expired. For this Notice to have been valid, it ought to have been with me within 14 days of the alleged offence.Yours faithfully,D Martin
Expert:  Jo C. replied 10 months ago.
If you send that and don't respond they will charge you with failing to identify which carries 6 points and a much higher fine.

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