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Nip issued after 2 months date of offence, Doing 37 in 30 Zone / Speeding
Jim Jim
post Sun, 17 Feb 2019 - 01:09
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Hi guys , I need some advice from your experince I have recieved NIP on 30 of Jan 2019 offence date was 30th of November 2018.
I know it should be served with in 14 days , it came after 2 months delay.
I have moved in December from my current address to new address and updated my car details with dvla aswell ,
Might be due to this reason (which can be possible) first they send to my previous address and it’s returned and then they send after 2 months to my new address.
I am thinking to write it to them to cancel this NIP because I don’t know who was the driver at that time due to long time Gap.
Will it help or is there any other way to deal with it . Cheers

This post has been edited by Jim Jim: Sun, 17 Feb 2019 - 08:49
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post Sun, 17 Feb 2019 - 01:09
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cp8759
post Sun, 17 Feb 2019 - 01:55
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That approach will likely result in a conviction for failing to furnish, 6 points and a large fine. For us to give helpful advice, we need a few more details. Are you the registered keeper? When did you move house? When did you write to DVLA to inform them of the new address?


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Logician
post Sun, 17 Feb 2019 - 03:15
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If you are the registered keeper, find your V5C (logbook) and at the bottom of page 2 you will find a Doc Ref number, next to that is a date; tell us that date and the date of the alleged offence.

37 in a 30 limit is at the level where a course is normally offered, provided you have not done one in the last 3 years and this was not in Scotland. It is very unlikely the NIP was that late without good reason, and the driver must be nominated in any event.


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The Rookie
post Sun, 17 Feb 2019 - 08:35
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If your old address was returned when the first NIP was sent then that is your last known address at that time and it was correctly served.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

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Jlc
post Sun, 17 Feb 2019 - 08:37
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The s172 request to name the driver has to be complied with, regardless of any potential timing issue with the NIP. (Although there's probably a valid reason and the '14 day defence' doesn’t apply)

Upon receiving the request you are to use reasonable diligence to identify the driver. If after using this diligence you cannot identify the driver then the matter will go to court. If you can show the court you did not know who was driving and could not identify them with the aforementioned diligence then you'll walk. Otherwise, as already noted it's 6 points, a large fine, costs (>£300), surcharge and insurance bashing MS90 endorsement.

I suggest you think carefully before responding. A request at 2 months, in itself, is not a defence.

This post has been edited by Jlc: Sun, 17 Feb 2019 - 08:38


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RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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