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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 75282
Experience:  Over 5 years in practice.
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Is there are charge for this service? Is was in

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Hi is there are charge for this service?
JA: What state was the citation in? And have you consulted a local attorney?
Customer: Is was in Gloucestershire
JA: Do you need to appear in court?
Customer: No i've only received a NIP so far
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We have received a NIP from a speeding offence on 14/09/19 (notice dated 07/11/19). I was driving my dad's car which is a private contract hire vehicle (not owned by the company), the NIP has come addressed to the company. Can we go back and say that we don't have a vehicle with that reg on the company fleet? And is it true that if you can go beyond 6 months of the offence date the case is dropped/becomes invalid?
Customer: replied 1 month ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 1 month ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

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

Customer: replied 1 month ago.
Hi Jo

Are you aware that this is a paying site?

Customer: replied 1 month ago.
Yes i am now, have just paid for a call so will speak soon
Customer: replied 1 month ago.
Ok when will you be able to call?

Are you sure you want a call?

It will rack up costs?

Customer: replied 1 month ago.
Well I'm on 6 points already and really want to avoid these so feel it would be easier to discuss my options
Customer: replied 1 month ago.
Ok I won't be able to talk now so won't be able to do the phonecall
Customer: replied 1 month ago.
This is my question: We have received a NIP from a speeding offence on 14/09/19 (notice dated 07/11/19). I was driving my dad's car which is a private contract hire vehicle (not owned by the company), the NIP has come addressed to the company. Can we go back and say that we don't have a vehicle with that reg on the company fleet? And is it true that if you can go beyond 6 months of the offence date the case is dropped/becomes invalid?

Is that company the registered keeper?

Customer: replied 1 month ago.
No, my dad is the registered keeper
Customer: replied 1 month ago.
Hello?

Sorry for the delay.

Ok, but did they send the NIP to your Dad?

Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 1 month ago.
No they sent it to the company for some reason, it should show on the document I uploaded.

Is your father connected to the company?

Customer: replied 1 month ago.
Yes he is a director, the vehicle is insured by the company but the contract is with him at his home address

Thanks for the information

 

In principle, you could send back the S172 request explaining that the company doesn’t own the vehicle. The problem is that only gets you so far. I would imagine they will say that this substantially complies with the rules. It is difficult to tell really on these facts but they will have some explanation for this. I can see from the time periods that they will be saying that it was sent elsewhere first.

 

Even if they accept that though, they will only send a fresh NIP out to your father. He could argue that exceeds the 14 day rule though but nothing is ever guaranteed with these things. It is a massive risk.

 

if they don't lay an information within 6 months of the offence then they are out of time although if you fail to identify then the time runs from the date of failing to identify.

 

If you can’t stand the points on your licence though then I suppose that is your only option in the hope that you are lucky.

 

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

Customer: replied 1 month ago.
Hi Jo, thanks for the advice much appreciated.
Customer: replied 1 month ago.
Will i be credited for the phone call seeing that this didn't go ahead?

You do need to email them about it but they will do that for you.