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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70003
Experience:  Over 5 years in practice.
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I received a NIP for a speeding offence committed 02 May 2014.

Resolved Question:

I received a NIP for a speeding offence committed 02 May 2014. However I did not receive the NIP until 14th August 2014. I have acknowledged that I was the driver at the time. However since doing so I hear there may be a time limit on when NIP can be sent out after an offence.
Is this the case? If so do I argue this in court now that I have said I was the driver?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.

Do you admit that you were speeidng or have you already done so?
Customer: replied 2 years ago.

In replying to the NIP I have admitted the offence as I am the only driver of the car. I have now received a offer of a fixed penalty fine or a court hearing.

Expert:  Jo C. replied 2 years ago.
Are you the registered keeper?
Customer: replied 2 years ago.

I am the registered keeper of the car.

Expert:  Jo C. replied 2 years ago.
Do the DVLA have the right address for you?
Customer: replied 2 years ago.

I had put in for a change of address earlier in the week of the offence (29 April). I remember this date specifically because I re-taxed my car on the same day. Looking at my V5 document for the car, it seems the new document was generated on the 20th of May.

I understand there will be a delay due to changing the address, however 104 days from the date of the offence until receiving the NIP seems excessive.

Expert:  Jo C. replied 2 years ago.
The rules are contained in S1[1]c] Road Traffic Offenders Act 1988 which you’ll find here
http://www.legislation.gov.uk/ukpga/1988/53/section/1
They must either deliver a NIP verbally at scene or serve it upon the registered keeper within fourteen days of the offence.
Under S1[1A] the notice should actually arrive within 14 days.
However, their only duty is to send the NIP to the address of the registered keeper. What will have happened here almost certainly is that it went to the wrong address because that was on file at the DVLA at the time. If so, then they have complied.
The fact that they sent the second NIP out very late is a non issue.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70003
Experience: Over 5 years in practice.
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