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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69541
Experience:  Over 5 years in practice
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I have been served a speeding NIP. However it took 45 days

Resolved Question:

I have been served a speeding NIP.
However it took 45 days to arrive.
Do I fill in all the details and request a court hearing, or do I send a letter explaining.
I don't believe the enforcement unit can stop the action so is the court request my only course of action.
The car was fully registered in my name.
Submitted: 8 months ago.
Category: Law
Expert:  Jo C. replied 8 months ago.
Are you the registered keeper?
Customer: replied 8 months ago.
Yes
Expert:  Jo C. replied 8 months ago.
Thanks.Does it say reminder on there anywhere?
Customer: replied 8 months ago.
No, it is just a standard NIP.
It does not state reminder at all
Expert:  Jo C. replied 8 months ago.
Were you stopped at the scene?
Customer: replied 8 months ago.
No it was a fixed camera on motorway.
Expert:  Jo C. replied 8 months ago.
And it alleges speeding?The DVLA have the correct address for you and your car?
Customer: replied 8 months ago.
Yes it's the correct details
Expert:  Jo C. replied 8 months ago.
Is this for an offence of speeding?
Customer: replied 8 months ago.
Yes it is.
Expert:  Jo C. replied 8 months ago.
In that case, on the face of it, they are time barred. They have to issue a NIP within 14 days either verbally or by post. They have not. However, it is important to respond naming the driver. The NIP has to be within 14 days but that doesn't discharge your S172 responsibilities. If you do not name the driver then they will charge you with failing to identify. That is probably what they are hoping you will do. Can I clarify anything for you? Jo
Customer: replied 8 months ago.
Ok, in this case as I name the driver do I then request a court hearing as the other option is to accept the fix penalty which I do not wish to do.
Expert:  Jo C. replied 8 months ago.
Yes if you are prepared to go to court.Name the driver, reject the fixed penalty and wait for the summons. If they do summons then argue they are time barred.
Customer: replied 8 months ago.
It does not give you any other option either court or accept the fixed penalty.
Will I need a solicitor in court if they summons, or can I use solicitor in court
Expert:  Jo C. replied 8 months ago.
Are you sure this isn't a fixed penalty offer then rather than a nip?
Customer: replied 8 months ago.
It definitely says notice of intended prosecution.
Expert:  Jo C. replied 8 months ago.
Does it contain an offer of a fixed penalty?
Customer: replied 8 months ago.
Yes it does.
Expert:  Jo C. replied 8 months ago.
Is there any chance you could scan it and attach it to a post so we can ascertain exactly what it is?
Customer: replied 8 months ago.
Hope you can view that
Expert:  Jo C. replied 8 months ago.
I can only see one page of that but that isn't an offer. That is just a NIP.
Customer: replied 8 months ago.
Sorry that's everything
Expert:  Jo C. replied 8 months ago.
Ok. They are combining the two. I suppose they are free to do that.If you ignore it though they will probably make a fresh offer.Their game is to get you to ignore it so that they can charge you with failing to identify.
Jo C., Barrister
Category: Law
Satisfied Customers: 69541
Experience: Over 5 years in practice
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