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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have just received an NIP regarding an alleged speeding

Customer Question

I have just received an NIP regarding an alleged speeding offence on 25/03/16. The NIP is dated the 27/06/16. Is this time barred.
Submitted: 5 months ago.
Category: Law
Expert:  Jo C. replied 5 months ago.

Are you the registered keeper?

Customer: replied 5 months ago.
The car is registered in my husband's name but I am the driver So he received the NIP on around June 28th for the alleged offence on Mar 25th. The NIP is dated June 27th. No markings on the envelope.
Expert:  Jo C. replied 5 months ago.

Were you stopped at scene?

Does the new NIP say reminder on it anywhere?

Customer: replied 5 months ago.
No I wasn't stopped and didn't know anything until this letter arrived a few days ago. It is not a reminder.
Expert:  Jo C. replied 5 months ago.

I presume they have always had the right address at the dvla?

Customer: replied 5 months ago.
This is the standard letter and no suggestion that they have been trying to find us. This current car is registered at my current address.
Expert:  Jo C. replied 5 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.

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.

Customer: replied 5 months ago.
my husband fills it in and names me as the driver and then if they contact me I respond saying it is time barred as it wasn't issued in the first place until 3 months after the alleged offence. Or does my husband say that in the first response?
Expert:  Jo C. replied 5 months ago.

No, you need to respond naming the driver when they send you a S172 request too.

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