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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 73374
Experience:  Over 5 years in practice.
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I have a offence and the letter was dated over 14 days from

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i have a offence and the letter was dated over 14 days from the offence date. Is this dismissable or am i going to have to take the points?
JA: What state was the citation in? And have you consulted a local attorney?
Customer: UK
JA: Do you need to appear in court?
Customer: i was hoping you would be able to tell me?
JA: Anything else you want the lawyer to know before I connect you?
Customer: 37 in a 30mph - i have been a bit slow in replying so they are starting to chase but all ok at the minute

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.

Are you the registered keeper?

Customer: replied 10 days ago.
company vehicle but was the driver at the time
Customer: replied 10 days ago.
this is the prosecution - offence date 22 Feb 2019, letter dated 13 March 2019, and received day later
Customer: replied 10 days ago.
a lot of sources say that NIP must be sent within 14 days - is this correct?

So is that the first NIP?

To the registered keeper?

Customer: replied 10 days ago.
Customer: replied 10 days ago.
we (the company) sent this in return.

That is unfortunate.

Have you sent that already?

Customer: replied 10 days ago.
correct

Ok.

That is very unfortunate.

Have they sent a new NIP?

Customer: replied 10 days ago.
Aah sorry - they came back with this.
Customer: replied 10 days ago.
then believe the latest correspondance was this

Oh ok. They are saying that the original notice went to the then registered keeper

I am sorry but its bad news. 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

Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 10 days ago.
thanks for your help. much appreciated.