[NIP Wizard] NIP sent to previous address Options

[Done wrong]

NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - June 2020
Date of the NIP: - 10 days after the offence
Date you received the NIP: - 41 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A38(B) Smitha Leigh, Devon
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
If your are not the Registered Keeper, what is your relationship to the vehicle? -
How many current points do you have? - 0
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - Caught by manned camera on dual carriageway at 86mph in a 70mph limit.

At the time of the incident there was an HGV obscuring my view of the camera until I pulled level with it.

About a week or two in to lockdown we moved house. I sent my driving license and V5C off to DVLA with new address details.

About a week later my driving license came back but I still haven't received my V5C and neither has my partner for her car.

Chased with DVLA and they have said that they are prioritising applications from key workers and it may be some time before I receive my log book back.

In the meantime, NIP was sent to previous address. Our house sale is due to complete on Monday next week so I've just popped round to collect the post beforehand and the NIP was in the letterbox.

NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
Did the first NIP arrive within 14 days? - No
Was there a valid reason for the NIP's late arrival? - No

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:

• The first NIP to the Registered Keeper must arrive within 14 days unless there is a valid reason why that was not possible, for example a recent change of details.
  
  This link will take you to the advice provided by the RAC's legal team.

Generated by the PePiPoo NIP Wizard v3.3.2: Tue, 28 Jul 2020 18:02:05 +0000

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[Jlc]

Ok, any particular question?

Now you have the NIP and s172 you should respond by naming the driver. They are likely to accept the 'late' nomination and process it normally and offer a 3 points £100 fixed penalty.

Or are you exploring whether you have any defence?

[Done wrong]

Apologies, yes I was looking to see if there were any grounds for setting it aside.

[Jlc]

Nothing easy.

The Police contacted you are your last known address. I see there's a longer period than usual for these cases (they are not unusual where a postal redirection is not used) but you would have to take the matter to court (risky) and show that they could have used reasonable diligence to use your correct address, e.g. from an insurance database. (The licence being updated doesn't help as they don't have to match nor do they know who was driving)

Caught by manned camera on dual carriageway at 86mph in a 70mph limit.

At the time of the incident there was an HGV obscuring my view of the camera until I pulled level with it.

There's no relevance in the obscuring - even if you had seen the camera it would be too late.

The other issue is that excess is 4-6 points at court and an income related fine etc.

This post has been edited by Jlc: Tue, 28 Jul 2020 - 18:28

[The Rookie]

Can you give evidence it arrived later than 14 days after the offence? If you’ve not been to the address in the time it’s been sat there it’s clearly not going to be a defence.

[Done wrong]

Ok, thanks for the quick response. I'll set to the form filling.

Can you give evidence it arrived later than 14 days after the offence? If you’ve not been to the address in the time it’s been sat there it’s clearly not going to be a defence.

I realise that, the point being made was that it was lucky the sale hasn't gone through yet as it was supposed to go through last month. Else I wouldn't hear about this until months later.

Not to worry, it was worth an ask

[Jlc]

Indeed, these cases often end up with a prosecution in your absence which can be a pain to unpick.

[Logician]

You had better get a postal redirection put in place so that you avoid missing anything else. We quite frequently hear from people who think they have notified everyone of their new address and a redirection is an unnecessary expense.

[andy_foster]

The Police contacted you are your last known address. I see there's a longer period than usual for these cases (they are not unusual where a postal redirection is not used) but you would have to take the matter to court (risky) and show that they could have used reasonable diligence to use your correct address, e.g. from an insurance database. (The licence being updated doesn't help as they don't have to match nor do they know who was driving)

If the DVLA had not processed the change of address for the V5C, unless the OP can rebut the presumption that the NIP was delivered to his previous address within the 14 days (or show that there was some other fatal defect in the notice), the requirements of s. 1 RTOA 1988 will be deemed to have been complied with.