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NIP company vehicle received after 14 days
iamthelaw
post Thu, 16 May 2019 - 18:10
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Hi All.
I work as a driver for a company. On 9th May 2019 the company (registered keepers) received a NIP for an alleged speeding offence of 40 in a 30 zone, automatic camera device.
The offence took place on 8th April 2019. The NIP was sent to the registered keeper, the company 31 days after the offence.
Do I have a valid reason to reject the NIP as the 14 day rule has been exceeded.
I have told the company to name me as the driver on the date of the offence.
Thank you in anticipation of a reply.
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post Thu, 16 May 2019 - 18:10
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NewJudge
post Thu, 16 May 2019 - 18:26
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QUOTE (iamthelaw @ Thu, 16 May 2019 - 19:10) *
Do I have a valid reason to reject the NIP as the 14 day rule has been exceeded.

You can't reject a NIP. It is simply a notice. If there was a problem with the NIP you would have to have the matter heard in court. However, there probably is not an issue.

Your employer is almost certainly not the Registered Keeper (many firms lease their vehicles and the leasing company is the RK and holds the V5C). This means the first NIP (the only one subject to the 14 day rule) would have gone to them and not to your employer.

It's worth checking with them to make sure but late first NIPs are as rare as hen's teeth these days. You should be offered a Speed Awareness Course for that speed (provided the offence did not occur in Scotland and you have not done one for an offence that occurred in the thee years prior to this one).
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Jlc
post Thu, 16 May 2019 - 18:37
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Have you seen the v5c?


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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iamthelaw
post Thu, 16 May 2019 - 18:49
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Thanks for the reply New Judge, The company ARE the registered keepers of the vehicle if that changes anything
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Jlc
post Thu, 16 May 2019 - 18:58
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QUOTE (iamthelaw @ Thu, 16 May 2019 - 19:49) *
Thanks for the reply New Judge, The company ARE the registered keepers of the vehicle if that changes anything

My question holds. Even if they are the RK there might be other reasons for the 'late' delivery.


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Kickaha
post Thu, 16 May 2019 - 19:04
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QUOTE (Jlc @ Thu, 16 May 2019 - 19:37) *
Have you seen the v5c?

If that is true you need to see the V5C and check the docref date and the address.
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Logician
post Thu, 16 May 2019 - 19:27
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People are persisting with this because we often find posters believing their employer is the registered keeper, but on checking find it is a leasing company. Go down the route of trying to invoke the 14 day rule when it does not apply risks losing the chance of a course or fixed penalty. You do need to see the V5C to check it out, even if the company is the RK, there may be other reasons for the delay, such as a recent purchase of the vehicle.


--------------------



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The Rookie
post Fri, 17 May 2019 - 05:42
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Unless you see the V5c you cannot know the company is the registered keeper, we see these enquiries often and quite often the driver has been told by a fleet manager that the company is the RK yet it turns out the fleet manager is ‘mistaken’ (an idiot who doesn’t know what it means) and that a lease or finance company are in fact the RK.


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

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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