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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have received a requirement to identify driver dated

Resolved Question:

Hello ... I have received a requirement to identify driver dated 19.7.16 for an alleged offence (43mph in a 30mph) dated 2.7.16. Is this time barred under the 14 day rule ? Kind regards MIchael
Submitted: 6 months ago.
Category: Law
Expert:  Ash replied 6 months ago.

Hello my name is ***** ***** I will help you.

Are you the registered keeper??
Alex

Customer: replied 6 months ago.
My company is the registered keeper.
Expert:  Ash replied 6 months ago.

What is the date of issue on the NIP to the company?

Customer: replied 6 months ago.
They have not issued an NIP so far ... they are asking who the driver is 17 days after the alleged offence.
Expert:  Ash replied 6 months ago.

Yes, what is the date of that request?

Expert:  Ash replied 6 months ago.

Not when you received it, but the date. Is that 2nd July?

Customer: replied 6 months ago.
the notice dated 19th July relates to the offence which occurred on 2nd July does state that "it is intended to institute proceedings against the driver"
Expert:  Ash replied 6 months ago.

Ok - then it should have been issued within 14 days.

It has not been and is therefore time barred, out of time

Can I clarify anything for you about this today please?
Alex

Customer: replied 6 months ago.
Very good thanks .. So I should write back saying that it is time barred ? Is there a specific wording I need to use ?
Expert:  Ash replied 6 months ago.

Just that it is out of time. Should have been issued within 14 days, it was not.

Does that clarify? Alex

Customer: replied 6 months ago.
Thanks for the help Alex. Can I let you know the result in due course ?
Expert:  Ash replied 6 months ago.

Of course. If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance! Alex

Customer: replied 6 months ago.
No problem do I do that here ?
Expert:  Ash replied 6 months ago.

Please. Its either happy faces or stars! Thanks

Customer: replied 6 months ago.
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Expert:  Ash replied 6 months ago.

Thanks

Customer: replied 6 months ago.
Alex one more point ...my car is leased from Mercedes Finance.. in effect my Company is not registered keeper.
Customer: replied 6 months ago.
That just occurred to me
Expert:  Ash replied 6 months ago.

The Notice needs to be issued within 14 days of the offence to whoever the keeper on the V5 is.

If it was, then its not out of time.

Does that clarify? Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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