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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70632
Experience:  Over 5 years in practice
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I have been issued an NIP for an alleged speeding offence

Customer Question

I have been issued an NIP for an alleged speeding offence committed 19/03, but the notice issue date was 11/04. As I understand it the authorities have to issue the NIP within 14 days of the offence, and as it was clearly issued after that I'd like to know if I could successfully refute the notice. I have not replied to the notice and the 28 day deadline for me to do so has passed.
Submitted: 6 months ago.
Category: Law
Expert:  Jo C. replied 6 months ago.

Hi - what was your speed and do you have any other points on licence?

Customer: replied 6 months ago.
84mph in a 70mph zone, no other points on my licence
Expert:  Jo C. replied 6 months ago.

Are you asking whether you have a defence?

Customer: replied 6 months ago.
how I would go about making that defence. Do I send a letter to the police force who issued the notice to me?
Expert:  Jo C. replied 6 months ago.

No.

If you haven't responded to the S172 request then it is no defence to say that the NIP was out of time.

They may reissue the NIP and therefore refresh the S172 demand. If they do then I would comply. Failing to identify carries 6 points and a fine in the mid hundreds which is almost double what you would have received for the speeding.

They may or may not be out of time anyway. It doesn't matter now as you didn't respond.

Can I clarify anything for you?

Jo

Customer: replied 6 months ago.
Thanks Jo, are you saying I should just hope they reissue the NIP and wait to see if they do? I would be happy to comply if they reissued it, I just wondered if I should try and contact them or not.
Expert:  Jo C. replied 6 months ago.

Yes.

You can contact them but it doesn't tend to change anything really.

Sometimes the NIPs reveal a number. Sometimes not. If not your only option really is to write in which is a bit like sending letters into a black hole these days.

They will probably reissue. They usually do issue reminders.

Customer: replied 6 months ago.
That clears everything up for me, thanks very much for your help Jo!
Expert:  Jo C. replied 6 months 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 Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/