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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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I have just received a letter about a speeding offence that

Resolved Question:

I have just received a letter about a speeding offence that allegedley took place on the 12/1/16. I received the letter (dated 31/3/16)), on the 1/4/16.
I was under the impression that the NIP had to be served within 14 days. This is clearly over that time, so I was wondering if you thought I would be able to use this technicality.
At the time I was driving a courtesy car given to me while my car was being repaired, so I was not the registered keeper of the car. So I assume the NIP would have been sent to the garage first. However, there is still a 3 month delay in the NIP being issued to me
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Were you speeding?
Customer: replied 1 year ago.
yes, 61 mph in 40 mph area
Expert:  Jo C. replied 1 year ago.
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. I am sorry but its bad news. 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 Can I clarify anything for you? Jo
Customer: replied 1 year ago.
What would have happened if the NIP letter was lost in post and never arrived at my address
Expert:  Jo C. replied 1 year ago.
It wouldn't make any difference.They are in time if they send it to the registered keeper within 14 days.
Customer: replied 1 year ago.
I was thinking more like, would that be an excuse for not responding and seeing if they forget. Letters go missing in the post and nothing was sent registered
Expert:  Jo C. replied 1 year ago.
They will charge you with failing to identify the driver. Then you would have the burden of proof of showing that it was lost in the post.Also, here you have received it so claiming that you had not would be perjury and if you went on oath and said something that wasn't true then that is perverting the course of justice.
Customer: replied 1 year ago.
ok
Expert:  Jo C. replied 1 year 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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