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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 78898
Experience:  Over 5 years in practice
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I would like advise on an NIP please, I'm in county Durham

Customer Question

I would like advise on an NIP please
JA: Where are you? It matters because laws vary by location.
Customer: I'm in county Durham bit this occurred in Lincolnshire
JA: What steps have you taken so far?
Customer: I havent as the paperwork has just come through my door this morning the alleged offence took place on the 06.07.2020
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have moved addresses so sont know if this contributes
Submitted: 20 days ago.
Category: Law
Expert:  Jo C. replied 19 days 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.

Expert:  Jo C. replied 19 days ago.

What can I do for you?

Customer: replied 19 days ago.
I received an NIP for an offence which occurred on the 06/07/2020 ,which came this morning. I'm not quite sure how these work and would like advise. I understand it has to be issued within 14 days of the offence taking place
Expert:  Jo C. replied 19 days ago.

Ok,

1 ARe you the registered keeper?

2 Do they have the right address for you?

Customer: replied 19 days ago.
I moved house and I think this was around the time of transferring with my job. It was sent to 2 people first who nominated me as the driver but I have been the registered owner for 3 years
Customer: replied 19 days ago.
How does the 14 day rule work if I moved house
Customer: replied 19 days ago.
I had not changed my address as I was in between houses at the time
Expert:  Jo C. replied 19 days ago.

I know this isn’t going to be the answer youwant to hear, and it’scertainly not what I want to tell you. However, I wish to be completely honestwith you, so I feel obligated to not give you false hope.

I am sorry but its bad news. Unfortunately the rules are that they mustsend out a NIP on a date that would by ordinary post reach the registeredkeeper within fourteen days to the address at the DVLA.

If they did do this but you didn’t get it because it went to the old addressthen the 14 day period does not bite.

Although, since you have now received it and Ipresume that is to your new address that would suggest that something has happenedin the meantime. If it was sent to 2others that would suggest you are not the registered keeper?

Obviously you could wait to see if they rememberto summons you. They do quite oftenforget and if they do you will walk away within nothing.

Sorry thats probably not the answer you wantedbut it is the position that you have and I have a duty to give you truthful andaccurate information even though its not what I want to say.Hope thishelps. Please let me know if you needmore information

Can I clarify anything for you?

Jo

Customer: replied 19 days ago.
I understand I have all the paperwork stating I am the registered owner of the vehicle and it says I have 28 days to reply to the letter. How long would you suggest waiting for as I have never been through this process before or committed any offence.
Expert:  Jo C. replied 19 days ago.

Wait until day 21 and then respond.

They may not get this into court in time.

Customer: replied 19 days ago.
I'm sorry I dont understand why the letter would have been sent to 2 different people when I have everything including insurance stating I am the vehicle owner, i had just left that address so dont really who filled in the form as it should have been sent in my name and stated the addressee should be the only one filling the form out. This has taken them 4 months when my new address is stated in paperwork.
Expert:  Jo C. replied 19 days ago.

Neither do I.

Unless there is a registered keeper issue.

Customer: replied 19 days ago.
If I received it today how long do they have to take me to court, or by what date please. Sorry for all the questions
Expert:  Jo C. replied 19 days ago.

Its no hassle. It's six months from the date of the incident. But they only have to lay an information by that date. But that takes us until January and they haven't even got your S172 back yet.

Customer: replied 19 days ago.
Ok thankyou do you think dvla may be able to clarify anything or should I hold off .
Expert:  Jo C. replied 19 days ago.

You could check who was the keeper but they won't be able to tell you anything else.

Customer: replied 19 days ago.
Ok thankyou you've helped a lot
Expert:  Jo C. replied 19 days ago.

Good to talk to you.

No problem.

All the best.

Hopefully,I have answered your query in a way that is simple and easy to understand. Ifanything remains unclear, I will be more than happy to clarify it for you. Inthe meantime, thank you once again for using our services.

Remember that I am always available to help with your questions.Even if I am in Court I will usually pick up a question within12 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/

Customer: replied 19 days ago.
Thankyou
Expert:  Jo C. replied 19 days ago.

welcome

Expert:  Jo C. replied 19 days ago.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions-I am happy to help!”