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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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My company was served with NIP offence of speeding in a van

Resolved Question:

Hi my company was served with NIP for the offence of speeding in a van which they own, that i was driving.
The NIP was dated the 4th of july for an offence committed on the 6th of may.
I have spoken with my company and they have said that this is the first notice they have received.
I do remember the incident and i believe that the facts stated in the NIP are correct for example i was travelling at 58mph when i should have been tavelling at no more than 50mph.
my question is does this fall outside of the 14 day rule in which the registered keeper should receive the NIP, as they received it on the 4th of july some 57 days after the offence?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Do they have the right address for the company ?

Customer: replied 1 year ago.
it appears that the address on the NIP and v5 document match
Expert:  Jo C. replied 1 year ago.

Were you stopped at scene?

Customer: replied 1 year ago.
No
Expert:  Jo C. replied 1 year 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.

Hope this helps. Please let me know if you need more information.

Customer: replied 1 year ago.
Thanks that sounds like good news. My company has supplied my details today, if they do seek a prosecution how should I proceed?
Expert:  Jo C. replied 1 year ago.

Well, then you have to decide how much risk you want to take. If you are prepared to take risks then you can refuse the fixed penalty offer and invite them to summons. Then argue they are out of time to rely on the NIP

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