14 DAY RULE, LATE NOTICE Options

[VINOD]

HI, MY WIFE WAS SENT A LETTER FROM THE AUTHROTIES ASKING HER TO NAME THE DRIVER OF AN INCIDENT DATED 1ST APRIL (DRIVING WITHOUT DUE CARE, ATTENTION + FAILING TO STOP AFTER A COLLISSION). THE LETTER WAS DATED 5TH MAY (36 DAYS LATER THAN RECEIPT IN POST)

SHE IMMEDIATELY ADVISED THE AUTHORITIES THAT I WAS THE DRIVER.

I AM WAITING FOR A FURTHER N.I.P.

PLEASE ADVISE ME WHAT THE LAW SAYS ABOUT THE 14 DAY PERIOD AND WHAT IF I HAVE SUBMITTED MY DRIVER DETAILS BEFORE I DISCOVERED THE 14 DAY RULE? CAN I CONTEST?

REGARDS

V.

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[BaggieBoy]

First....reset your Caps Lock key....no need to shout.

The requirement to serve a NIP within 14 days does not apply when an accident has occured, so what actually happened? Regardless of the validity of the first NIP, the S.172 request must be replied to.

[The Rookie]

DON'T SHOUT!

Secondly read the "read this first before posting" sticky (again) and complete the NIP wizard as instructed.

The registered Keeper (at DVLA, V5 reg doc in ther name and address) has to be sent a NIP within 14 days of the alleged offence, but that is NOT required when an accident occurs and the driver is aware of it.

Want to tell us a bit more?

Simon

[VINOD]

As far as I recollect, there was no accident, or nose that I can recollect. I cannot even recollect any incident, and had there been an accident, of course I would have stopped. but I do not recollect anything.

[BaggieBoy]

Then all you can do is return the S.172 request naming yourself, if you believe you were the keeper of the vehicle at the time. The police may then contact you requesting information or that you attend an interview, if and when that happens, come back and ask for advice.

[Logician]

These sort of cases often seem to involve a parking nudge that you have not felt but someone else has reported, could that be the case here?

[VINOD]

I doubt it was a Parking nudge, as I didn't park abywhere.

The RAC Legal Advice Team have suggested I write to them and advise them that since the letter was dated more than 14 days after the incidnet and since there was no accident that the driver was aware of, that the case is time barred.

I have written to them, but should I have waited instead to hear from them?

And what should I do if I am asked to attend an interview?

[BaggieBoy]

Not sure the RAC are right on that, if there is an "alleged" incident/accident, the 14 days does not apply. Regardless, if they send you a further notice, you must reply naming yourself (even if the original NIP was time barred or incorrect in some other way) else you could be taken to court for failing to furnish.

[Transit man]

And what should I do if I am asked to attend an interview?

General advise is to politely decline. An interview will do you no good, but you may implicate yourself. Best advise is to write a statement NOW with EVERYTHING that you can remember about the journey made at the time of the "incident", if you are then asked in for a "friendly chat", take the aforementioned statement & when giving it to them state that you have nothing further to add to what did/didn't happen at that time.

If they have anything on you, they will proceed with or without your interview, if they have nothing, don't give them anything.

The RAC Legal Advice Team have suggested I write to them and advise them that since the letter was dated more than 14 days after the incidnet and since there was no accident that the driver was aware of, that the case is time barred.

Just because the driver was unaware of an accident does not mean there was not one. If there was, then the case is not time barred.

[Gan]

When you receive your own S172 you must return it with your details whether or not the original NIP was late and regardless of whether you believe there was an accident.

Were you actually at the location at the time claimed ?

[The Rookie]

You must name the driver (comply with the S172 request) whether the case has 'time barred' (poor description) or not, so make sure the S172 is complied with.

An accident only provides a get out to the 14 day if the driver can be shown to have been aware of the incident.

Simon

[jobo]

I doubt it was a Parking nudge, as I didn't park abywhere.

The RAC Legal Advice Team have suggested I write to them and advise them that since the letter was dated more than 14 days after the incidnet and since there was no accident that the driver was aware of, that the case is time barred.

I have written to them, but should I have waited instead to hear from them?

And what should I do if I am asked to attend an interview?

they are correct, if there was an accident you were unaware of, but thats an argument for later, you must return the form naming yourself as driver, if you want to include the letter about the 14 days do so, but do name yourself


the standard advice re interviews is dont, however if you are confident that nothing untowards occurred then its prob best to go

be aware that contact doesnt need to happen for you to be in an accident, just you caursed someone else to be

This post has been edited by jobo: Tue, 24 May 2011 - 12:28

[BaggieBoy]

An accident only provides a get out to the 14 day if the driver can be shown to have been aware of the incident.

One thing we haven't explored, is there some other reason the NIP was delivered late.

So is your wife the registered keeper of the vehicle and has been for some time? Was the vehicle recently purchased? Have you moved address recently?