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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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On 05/04/2017 I was using a hire car and was caught speeding

Customer Question

hello ,
On 05/04/2017 I was using a hire car and was caught speeding on the M4.
Usually the M4 is 70mph, that evening it was 40mph and it was clear the hole time. Never the less I got a speeding ticket.
The hire car company received the NIP on the 25/04/2017. This is 20 days after the alleged offence. Which was then sent to me on the 4/05/2017.
I understand that to Dispute a Speed Ticket the NIP has to be sent within the correct time frame. But I just wanted to double check that this is something I could dispute. I really do not want to get any point on my license ! I find it crazy that I am usually a great driver however this one slip up is going to effect me ! Or do you think Its best for me to appear in court. ?
Submitted: 1 month ago.
Category: Law
Expert:  Jo C. replied 1 month ago.

Hi - what was your speed over the limit?

Customer: replied 1 month ago.
it was 40mph, however I was doing 63mph.
But this was because I believed motorways were 70 ?
Customer: replied 1 month ago.
Do you think I have the grounds to appeal it ? Baring in mind this is my first offence. Some people have said that I can go to court and they should allow me to do a speed awareness course and pay a fine which will leave me without any points.However if i can avoid the whole thing I would prefer to.
Expert:  Jo C. replied 1 month ago.

On what basis would you appeal?

You seem to accept the offence?

Or are you saying the signs were inadequate?

Customer: replied 1 month ago.
Well I was just letting you know what the situation was. The signs were fine but they didn't reflect what was happening on the motorway and I wasn't sure if it was because they hadn't updated them as of yet. on the date that I was driving in the early afternoon there was a build up of traffic however by the time I started driving and reach there at 18:48. At this point there was no traffic and hadn't been for miles. This is why I assumed that they had not yet updated it.
That was just background information for you to see whether I also have some grounds there too.However my main question is whether you think it is wise to appeal this on the grounds that the NIP was not sent in the required 14 day period.offence took place 05/05/2017
notice period begins 06/05/2017
Received by hire car company 25/05/2017 (19 days after)
Received by fleet company 27/05/2017
Received by me 04/05/2017Is it likely that this can be thrown out on this basis .
I have also requested for the postmaster date stamp to use it as proof that it would have never reached the hire company in the right time frame.
Expert:  Jo C. replied 1 month ago.

Oh I see.

I'm afraid there is no appeal on that basis.

Their duty is to send a NIP out to the registered keeper within 14 days of the offence. The hire company will be the registered keeper. That must have happened as it has reached you.

When the NIP reaches the actual driver is a non issue as long as the summons is before the court within 6 months of the offence.

I'm very sorry but I can only give you truthful information.

Can I clarify anything for you?

Jo

Customer: replied 28 days ago.
Hi,I've looked around and asked others and they've told me otherwise because the NIP date says the 25, regardless the NIP would have never got to me (or the company) within the 14 days.It got to CLM on the 27th which is clearly after 2 weeks. I asked the people at CLM and they also said the same but I should wait for it to go into my name.So is it not void ?Once the NIP goes into my name I should be able to appeal it because regardless the NIP was sent out 1st class on the 25th. Which was already too late.
Expert:  Jo C. replied 28 days ago.

What others have told you is wrong for the reasons above.

The NIP you have received is of course outside of 14 days.

That is because the first NIP went to the hire company who named you.

Expert:  Jo C. replied 28 days ago.

In any event, you would have to respond in a particular way.

Customer: replied 28 days ago.
Alright , I understand that but they don't know who the keeper is till they get a respond; Regardless they need to send it within the time limit ? No ¿Also when I've looked around it says this ;" There is an NIP time limit that applies of 14 days from the offence. However, how this is calculated will depend on how the notice is given. It can be:
given verbally at the time of the offence (i.e. you are stopped by the police and they inform you they are considering prosecuting), or
by a formal notice of intended prosecution within 14 days of the offence at the last known address, served on the offender or the registered keeper of the vehicle, or
by a summons being served on the offender within 14 days of commission of the offence. "Please can you help me understand the above, because I'm unsure if I've still misunderstood this somehow.

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