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

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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

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

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.

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