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Help with a NIP


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Ive just received a NIP informing me that i was clocked speeding.

 

Thing is I was clocked 9 weeks ago. around the same time as I bought the car. The dates with the DVLA put the car in my name, but the mechanic I bought it off was still driving it as he took it for a MOT

 

I honestly dont know who was driving at the time, my NIP says there is photographic evidence so i was going to ring them and ask if its male or female on the camera so we can establish whos to blame but theres no contact number! I dont want to fill the form in with my details in case it wasn't me driving!!

 

Thers no contact number on the NIP..wot the hell should I do? :(

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I'm sure the NIP has to sent within two weeks of the offence being committed for it to be valid. If not, then just send it back saying that you don't know who was driving and request the photo.

 

Someone else said that about the "14 day rule" but because Ive recently bought the car & it may take the DVLA time to update then the safety police can say they took reasonable time to find "the keeper" but 9 weeks?

 

Well if i was speeding then Ill take the **** but im not sure I was without seeing the evidence, as in a picture of the driver?!

 

Anyone else know who I should ring before I fill the pink form in?

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Ive just received a NIP informing me that i was clocked speeding.

 

Thing is I was clocked 9 weeks ago. around the same time as I bought the car. The dates with the DVLA put the car in my name, but the mechanic I bought it off was still driving it as he took it for a MOT

 

I honestly dont know who was driving at the time, my NIP says there is photographic evidence so i was going to ring them and ask if its male or female on the camera so we can establish whos to blame but theres no contact number! I dont want to fill the form in with my details in case it wasn't me driving!!

 

Thers no contact number on the NIP..wot the hell should I do? :(

 

Does this help at all: http://www.motorlawyers.co.uk/procedure/notice_of_intended_prosecution.htm

 

What are the rules relating to a Notice of Intended Prosecution?

 

For certain offences, the process can be started by serving a Notice of Intended Prosecution Pursuant to Section 1 of the Road Traffic Offenders Act. Typically, these offences are speeding, failing to comply with traffic signals etc. The obligation is upon the prosecution to have issued and despatched the Notice in order that it arrives with the registered keeper of the vehicle within 14 days of the offence.

 

Service can be by first class post, by hand or in some circumstances, by recorded delivery. The method of delivery is at the discretion of the prosecution who only have to show that they have followed the correct procedure.

 

The Notice must be signed (although this can be typed) on behalf of the Chief Constable, must be dated and contain sufficient information for the offence to be identified.

What is the 14 day rule?

 

The 14 day rule relates only to the period of time in which the Police/Process Unit must serve the original Notice. The Police do not have to prove that the Notice reached its intended recipient within 14 days, merely that in the normal course of events, it should have arrived. In many cases, the registered keeper will be a lease company not the actual driver with the result that even if the driver is unaware of the incident, service of the Notice is good if it was sent to arrive at the registered keeper's last known address within 14 days of the offence.

The Notice of Intended Prosecution was issued out of time, what do I do now?

 

If you are the registered keeper of the vehicle and the ISSUE date on the Notice of Intended Prosecution is more than 14 days after the offence, then you can reject it. This only applies if it is dated more than 14 days after the alleged offence. It does not apply if it is dated within 14 days but received more than 14 days after the offence. If the NIP has been issued too late, then you should return it to the Process Office stating that you reject it because it is time barred. Bear in mind that if you are not the registered keeper, the NIP may have originally been issued within time and sent to the keeper.

The registered keeper was contacted within 14 days, however it has been several months before I, the driver at the time of the alleged offence, was contacted. Do I still have a case to answer?

 

The only obligation upon the Police is to issue the original Notice of Intended Prosecution within 14 days. Despite taking so long to contact you, the delay does not provide you with a technical get out. The Police have 6 months in which to prosecute.

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Anyone else know who I should ring before I fill the pink form in?

 

what force is it from?

 

google search the 'central ticket office' for that force and im sure youll find a number.

 

im amazed there isnt a contact number somewhere on there for you to contact?

 

if i remember rightly, you should have 28 days to respond to the NIP so this should provide time for the photo evidence to be provided.

 

you should bear in mind though that dependant on light conditions, whether the camera is rear/front facing...there may not actually be an image to assist with identification of the driver, but the evidence will be that the vehicle was speeding. the onus is on you as the current registered keeper to provide details of whose care the vehicle was in at the time of the offence including if this means backtracking for the details of the garage/person you bought the vehicle from.

 

there should be a date and time on the NIP, if the offence occurred before the vehicle was in your possession, id be inclined to nominate the person whose care the vehicle was in...but if they do counter nominate, you need to make sure to have your dates/times spot on to avoid the offence if it wasnt you.

 

 

x

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Someone else said that about the "14 day rule" but because Ive recently bought the car & it may take the DVLA time to update then the safety police can say they took reasonable time to find "the keeper" but 9 weeks?

 

Well if i was speeding then Ill take the **** but im not sure I was without seeing the evidence, as in a picture of the driver?!

 

Anyone else know who I should ring before I fill the pink form in?

 

They may have sent the NIP to the registered keeper at the time of the offence..if you've only just bought it,it wouldn't be you..this person then has a month (I think) to respond.they may have pointed the finger at the garage who,again,will have a month to respond,they will then have put you in the frame..9 weeks delay is possible...

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Can you tell who the driver is from the location of the camera, or the time of the ticket?

 

no :( because it was that long ago & there was a lot of to-ing and fro-ing with the car in that week I honestly dont know which one of us was driving it on that date :(

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