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NIP received 6 months after offence
Newbie2021
post Fri, 16 Apr 2021 - 19:18
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Hi all - firstly a massive thank you to everyone who posts on here, have read some really useful advice! Got a specific query I am hoping someone can give some thoughts on.

In early August 2020, my wife was driving a company leased vehicle which is registered to the leasing company and was captured on a speeding camera doing 24mph in a 20mph zone. The leasing company received the NIP (addressed to them) from the Metropolitan Police within a few days and emailed me a copy and asked me to confirm who was driving, which I did promptly and they advised they had passed the details on (presumably by completing the NIP).

Fast forward to early March 2021 and we had not heard anything, so I followed up with the leasing company who confirmed they had completed and returned the NIP in August 2020. Given we had not heard anything, I took the liberty of logging onto the website provided on the NIP to view evidence, and noted that a “final reminder” NIP had been sent to the leasing company in September 2020. I advised the leasing company of this and suggested they follow up given their obligation to provide the completed NIP.

It looks like they did follow up as by the end of March 2021 my wife had received a NIP in her name, which she promptly completed and returned confirming she was the driver. She also included a covering letter noting that as more than 6 months had passed since the date of the alleged offence, the time period for them to pursue the matter had elapsed.

Received a letter from the Met Police today confirming their receipt of the completed NIP, which basically said the NIP took time to get to us due to delays in getting information on the driver from the leasing company, and that the NIP that has been issued to my wife is still valid and needs to be completed (which is fine - she has already completed and sent it back). No reference to the point around the 6 months, although the letter does say that “any other challange can be addressed to the court” and that she will be sent “communication that allows you to deal with the matter without the need for court proceedings”.

From everything I have read both here and elsewhere, my understanding is that as the 6 months has passed, the matter cannot be taken to court and while my wife may well receive an offer to accept a speed awareness course / fine / points, if she declines this, there is no further action that can be taken as the 6 months has passed (and indeed had passed when she received the NIP and confirmed she was the driver).

Have I understood this correctly? Or could it be that she could well find herself in court for this if she doesn’t accept the course / fine / points (e.g. could they have somehow commenced court proceedings within the 6 months based on the first NIP provided by the leasing company which named my wife, before my wife had completed her NIP to confirm she was the driver)?

Thank you in advance for any thoughts or advice!

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post Fri, 16 Apr 2021 - 19:18
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The Rookie
post Fri, 16 Apr 2021 - 19:44
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Yes you’ve understood it correctly, they have probably sent a pro-forma letter.

It’s likely they will send a conditional offer of a fixed penalty which your wife would be free to ignore knowing they can’t actually progress the case to court now.


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Newbie2021
post Sat, 17 Apr 2021 - 08:53
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QUOTE (The Rookie @ Fri, 16 Apr 2021 - 19:44) *
Yes you’ve understood it correctly, they have probably sent a pro-forma letter.

It’s likely they will send a conditional offer of a fixed penalty which your wife would be free to ignore knowing they can’t actually progress the case to court now.


Thank you so much thats really helpful! I wasn’t sure if there was hypothetically some way they could have commenced court proceedings within the 6 months (i.e. before my wife had completed the NIP in March) so just wanted to check. Really appreciate it!
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andy_foster
post Sat, 17 Apr 2021 - 09:49
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Protectively instigating proceedings would be an abuse of process - in simple terms, they can't do it.


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Newbie2021
post Sun, 18 Apr 2021 - 11:30
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QUOTE (andy_foster @ Sat, 17 Apr 2021 - 09:49) *
Protectively instigating proceedings would be an abuse of process - in simple terms, they can't do it.


Understood - thank you!
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