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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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I'm intending to dispute a NIP being received in time. The

Resolved Question:

I'm intending to dispute a NIP for not being received in time.
The speeding offence was a camera recorded 79mph in a 70 mph. Date of offence 19/03/2016. Notice issue date 05/04/2016. Date received not sure as it was delivered to my company address in Salford but presumably at least a couple of days after the issue date.
Even if I use the issue date there are 16 days between offence and issue date - is this grounds for trying to time barr the ticket. There were 2 bank holidays in this period could the police use that as a defence ?
Thank you
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.
Were you speeding?
Customer: replied 9 months ago.
yes
Expert:  Jo C. replied 9 months ago.
Are you the registered keeper?
Customer: replied 9 months ago.
Registered keeper is the limited company
Expert:  Jo C. replied 9 months ago.
Does the NIP say reminder on it anywhere?
Customer: replied 9 months ago.
no
Expert:  Jo C. replied 9 months 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. In terms of the bank holidays, there isn't any case law that I can find on the point but the legislation doesn't recognise non working 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.
Customer: replied 9 months ago.
So to be clear we respond as a company identifying the driver to clear our s172 responsibilities. That diver will then receive a NIP.Who and when should raise the issue of time barring ?
Expert:  Jo C. replied 9 months ago.
Time barring only becomes an issue if they try to prosecute the driver.
Customer: replied 9 months ago.
Ok thank you. If they do send out a NIP to the named driver then presumably this will have a new issue date on it (ie much later) ? So his defence will have to relate the dates around the original NIP served on the company ? (in this case the 5th April)
Expert:  Jo C. replied 9 months ago.
Yes, but that NIP doesn't have to be in time.The whole thing hangs off the first NIP. It is that NIP that needs to be in time.Probably you would hear nothing more as long as you comply with the S172 requirement.
Expert:  Jo C. replied 9 months ago.
And keep a copy of that NIP and the post marked envelope if possible.
Customer: replied 9 months ago.
Ok - one last one - I don't think we still have the envelope but in this case the date of issue alone should be ok as it can't have reached us any earlier than that ? (so period 20/03 to at least 05/04 = 16 days)
Expert:  Jo C. replied 9 months ago.
Yes, you could rely on the date of issue alone. If you don't have the envelope then nothing can be done.
Customer: replied 9 months ago.
Ok many thanks for your help
Expert:  Jo C. replied 9 months ago.
No problem. All the best.Please remember to rate my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience: Over 5 years in practice
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