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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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Notice of Intended Prosecution I received a NIP 6 weeks

Customer Question

Notice of Intended Prosecution
I received a NIP 6 weeks after the offence which was on 11th June i.e. after the 14 day limit. I bought the car on the 1st June and the DVLA updated their database on 15th June with the details saying I was the registered keeper from 1st June. They issued the NIP on the 17th June and incorrectly sent it to the garage where I bought the car although the DVLA system on 17th June had me down as the registered keeper (as they updated their systems on 15th June). Hence why I did not receive the NIP till late July. The Police are maintaining that they are excused the 14 day limit because they looked at the records on the date of the offence (11th June) and on that date the DVLA database had the registered keeper details as the garage. Is the NIP valid or not?
Submitted: 2 months ago.
Category: Law
Expert:  Jamie-Law replied 2 months ago.

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

What is the date of the NIP please? It's the 17 June, right?

Customer: replied 2 months ago.
It is dated 17th June. Offence date was 11th June
Expert:  Jamie-Law replied 2 months ago.

it is valid. They only need to issue it within 14 days.

They can take longer to post and it's valid. But sadly it is.

I am sorry that this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clairfy anything for you about this today please?

Customer: replied 2 months ago.
Thanks Jamie, but I don't understand. The NIP they issued on 17th June did not go to me - it went to the garage. I was the registered owner at the time of the offence and the time of when the NIP was issued, but they sent it to the wrong person. I did not receive a NIP till 6 weeks later. I don't understand why it is valid?
Customer: replied 2 months ago.
Hi Jamie. I don't understand your answer I'm afraid. The NIP they issued on 17th June did not go to me - it went to the garage despite the fact that I was the registered keeper from 1st June, and the database was up to date with my details on 17th June. I did not receive a NIP until late July after the garage got back to them to say I was the registered keeper.
Customer: replied 2 months ago.
Jamie - to claify the NIP I received was dated 22nd July - the offence was 11th June. Can you respond please
Customer: replied 2 months ago.
Jamie to clarify the NIP I received was dated 22nd July - the offence was 11th June. Please can you respond?
Expert:  Jamie-Law replied 2 months ago.

yes I am just on the train. The dvla take a little time to update. The law says they are required to send he original and first NIP within 14 days of the offence.

If they did then sadly it is in time. I am sorry.

Does that clarify?

Customer: replied 2 months ago.
Thanks Jamie. The DVLA updated on 15th June and confirmed to me (and its on the V5C) that the vehicle log was updated as of 15th June and the Police had access to these updated details from 15th June. The first NIP they sent on 17th June, they sent it not to the registered keeper (me from 1st June) despite the fact that the DVLA was up to date with me as the keeper from 15th June. Instead they sent it to an old owner. So is it valid or not?
Customer: replied 2 months ago.
Are you able to respond Jamie? i'm sorry to be frank but I am not sure you are really understanding the issue here
Customer: replied 2 months ago.
Jamie - are you able to respond. I am sorry to be frank but I don't think you are understanding the issue here, and therefore I am not sure your conclusions are the right ones as yet. The first NIP went to the wrong person i.e. not the registered keeper, at the wrong address despite the fact that the DVLA systems were all up to date with the correct registered keeper details at the date of issue of the NIP. So is it valid or not?
Customer: replied 2 months ago.
Jamie - are you responding? If not then can I be referred to someone else please
Expert:  Jamie-Law replied 2 months ago.

Please be aware I am just not waiting at my computer.

If when they got the information it was correct then it is valid.

You can challenge it of course and it will go to court.

It will then be subject to legal argument. But if you could contest it and it will be subject to court.

Can I clarify anything for you about this today please?

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