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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71936
Experience:  Over 5 years in practice
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I have received a NIP for a speeding offence. The letter is

Customer Question

Hi
I have received a NIP for a speeding offence. The letter is dated 6/6/18 and the alleged offence was on 9/5/18.
I do drive a company car which is leased.
The speed was 35 in a tempory 30 zone.
At the time I did not see any police at the roadside however I did see what looked like a contractor with what looked like a video camera.Can you advise if I should appeal this?Thanks
Mark***@******.***
Submitted: 4 months ago.
Category: Law
Expert:  Jo C. replied 4 months ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Were you speeding?

Customer: replied 4 months ago.
I do not recall being over the temporary limit.
Customer: replied 4 months ago.
Phone call not required at this time, just online advice would be great.
Expert:  Jo C. replied 4 months ago.

Ok.

Are you the registered keeper?

Customer: replied 4 months ago.
Hi Jo. Apologies for the late reply, I had to contact the lease company to find out who the registered keeper is.
The registered keeper is the company I work for however the police sent the NIP to the lease company who then forwarded it on to my company.
Expert:  Jo C. replied 4 months ago.

Ok.

So the company responded to the NIP naming you as the driver and then the new NIP was sent out?

Or they literally just sent the NIP onto you?

Customer: replied 4 months ago.
The lease company sent it to the company I work for who named me as the driver. They then advised the police who sent a new NIP to me.
Expert:  Jo C. replied 4 months ago.

Oh I see.

Do we know the date on the original NIP?

Customer: replied 4 months ago.
I don’t, should I contact the lease company and find out? The one I have is dated 6th June.
Expert:  Jo C. replied 4 months ago.

it might be a good idea.

Unfortunately the rules are that they must send out a NIP on a date that would by ordinary post reach the registered keeper within fourteen days. When it reaches the actual driver is a non issue.

Since you are not the registered keeper you do not have that protection. The police will have sent the original NIP to the keeper probably within fourteen days and they replied naming you as the driver. Sadly they are still in time.

Obviously you could wait to see if they remember to summons you. They do quite often forget and if they do you will walk away within nothing.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.Hope this helps. Please let me know if you need more information

Can I clarify anything for you?

Jo

Customer: replied 4 months ago.
I’ve had it confirmed that the lease company received the NIP on the 15th May and forwarded it on on the 25th May.
Expert:  Jo C. replied 4 months ago.

That is a shame.

The 15th is in time.

If you use the full 28 days before responding then you might eat into their time period even further.