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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69780
Experience:  Over 5 years in practice
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Helloe I hope you can help me, I have been given a speeding

Resolved Question:

Helloe I hope you can help me, I have been given a speeding notice of intended prosecution the date of the alleged offence was at 12:44 on 27/01/2017 the NIP date 27/02/2017 I received this on 28/02/2017. I wrote back to them with the following:
I write to acknowledge receipt of your Notice of Intended Prosecution / Summons (above-referenced) dated 27/01/2017 and received on 27/02/2017.
I reject the NIP on the grounds that it was sent to me after the 14 day period required to issue a NIP by law. You will be aware that the 14 day period begins from the day after the alleged offence. I received a NIP on 27/02/2017 and according to the NIP, the date of the offence was 27/01/2017. Please find enclosed a copy of the NIP enclosed, with the date that the alleged offence took place highlighted.
Please also find enclosed a copy of the envelope, which details the postmark. This demonstrates that the date the NIP was sent was too late to reach me within the required 14 day period.
It is clear from the above that the NIP arrived too late and therefore, is invalid. In light of this, I respectfully ***** ***** you drop the case against me.
Thank you for your cooperation.
Yours faithfully,
They have wrote back stating that the statutory requirement was satisfied and that their legal obligation and offence is to stand?
Should I take this to court?
Submitted: 7 days ago.
Category: Law
Expert:  Jo C. replied 7 days ago.

Are you the registered keeper?

Customer: replied 7 days ago.
The car is on lease and my details have subsequently been supplied by DVLA as being the Keeper at the time (lease 28/10/2014 - 27/10/2019) so yes I believe I am the registered keeper.
Expert:  Jo C. replied 7 days ago.

If this is a lease car then the keeper would normally be the lease company.

But the registered keeper is a simple matter of fact.

Customer: replied 7 days ago.
Would they have sent notification to the lease company first and then to myself after?
Expert:  Jo C. replied 7 days ago.

It depends who is the registered keeper.

The obligation is to send a NIP out to the registered keeper within 14 days of the offence of to stop the driver at the scene.

When it reaches the actual driver is a non issue.

If you are the registered keeper then they may be late unless they could argue they took reasonable steps. Usually that is to do with some error at the DVLA but that is rare.

Most likely the lease company are the keeper and they received notification in time.

In any event though, that does not discharge you from your S172 responsibility to name the driver. If you don’t do that they will just prosecute you for failing to identify.

Can I clarify anything for you?

Jo

Customer: replied 7 days ago.
What would be the best way to find out who the registered keeper of the car is?
Expert:  Jo C. replied 7 days ago.

just ask the lease company.

You can also ask the DVLa but that is slow.

Jo C., Barrister
Category: Law
Satisfied Customers: 69780
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 7 days ago.
OK thank you for your help I will look at the leasing contract and see who is the registered keeper.
Expert:  Jo C. replied 7 days ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.

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