How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71896
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I have had an nip for an offence i committed on 24/4/17 i

This answer was rated:

Hi I have had an nip for an offence i committed on 24/4/17 i was caught speeding on the A30 in Cornwall, I was clocked doing 74mph in a 70 limit but I was driving a Ford transit van which the limit was 60 (which I didn't know). My company were informed on 6/7/17 and provided them with my details to which I received the nip on 23/7/17 although it's dated 20/7/17 am I right in thinking it's outside of the time limit they have to inform me about it ? And if so how do I go about contesting it or do I take the fine and hopefully get offered a speed awareness course, I currently have a clean licence and would like it to stay that way if possible
Any advice will be gratefully received
Julian

Were you stopped at the scene?

Customer: replied 1 year ago.
Hi no I wasn't I didn't know that I'd been caught until the letter came to my company

Does that document say reminder on it anywhere?

Customer: replied 1 year ago.
No it's the first correspondence I've had off them

Good news then. They are time barred.

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, its important to respond in a particular way. The document you have received is confusing. Although it is one document, it contains both a NIP and a S172 form which are two different legal entities. They may well be time barred on the NIP but that doesn’t mean you can avoid your S172 responsibilities.

If you don’t respond naming the driver on the S172 form they will charge you with failing to identify. Probably they are hoping you will do exactly that so that they can prosecute you for something.

If you do fill out the forms naming the driver then its likely you would hear no more about it. If they do seek to prosecute you then you can rely on the fact that the NIP was out of time.

Hope this helps. Please let me know if you need more information.

Customer: replied 1 year ago.
Thank you very much for your help

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/

Jo C. and 2 other Law Specialists are ready to help you