NIPs issued 23-24 days after offence Options

[EmiliaBriony]

Hi All,

Any advice gratefully received about receiving two NIP letter dated 23 & 24 days after offence. My solicitor is fairly confident we'd win at court but i've been spooked by the fine increasing to 1 week's salary for each offence if i lost in court!

Details:
Offence 1:
Camera: 36mph in a 30mph
Dated 01/08/18
Otley Road, Yorkshire
NIP Letter dated 24/08/2018

Offence2:
Camera: 62mph in a 50mph
Dated 04/08/18
M1 between Junctions 42 & 39
NIP Letter dated 28/08/2018

Coincidentally I part-exchanged the car on 24/08/2018 (still outside the 14 day range for the 2nd offence).

I've read through some fairly old threads about this and wondered if anybody had more recent experience of similar situation.

Thanks

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[cp8759]

Only the first NIP, the one sent to the registered keeper as per the V5C, needs to be served within 14 days. Was the V5C in your name, at your home address, before you part exchanged the car?

[peterguk]

Almost unheard of for NIPs to be issued late, so let's find the reason. Chances of two NIPs to same person being issued late - one in a million.

Was the V5C in your name, address with no errors?

This post has been edited by peterguk: Sun, 16 Sep 2018 - 15:59

[EmiliaBriony]

Yes V5C was registered to me, at my home address for over 2 years.

For clarity, the two NIPs were for two different offences - i presume they are treated as two different incidents and therefore the 14 day law would apply to both, independent of each other?

[cp8759]

As far as we know the system that issues them does not allow NIPs to be issued late, unless it's manually over-ridden. Regardless, you have to complete the driver nomination form and return the form. If you don't, you commit a separate and more serious offence.

Once the form has been returned you would normally be sent an offer of an out of court disposal, such as a fixed penalty or a driver improvement course, you'd have to decline these and elect to go to court instead. Don't foget though if you lose in court, on top of the fine you'll have to pay the CPS's costs (likely to be £620 at a minimum) plus a victim surcharge so it can get expensive.

[peterguk]

Yes V5C was registered to me, at my home address

And you still have a copy? Or just relying on memory?

[EmiliaBriony]

Yes V5C was registered to me, at my home address

And you still have a copy? Or just relying on memory?

You have made me doubt myself now! I'll get in touch with the dealer i part-ex with and get him to 100% check the V5C was at my new address

For my own understanding, if the original was sent to my old address (because i had neglected to update my address) how would they have gotten my new address? Car insurance details?

Thanks for your help to this point

[cp8759]

The can check the insurance database so that is a distinct possibility.

[peterguk]

if the original was sent to my old address (because i had neglected to update my address) how would they have gotten my new address? Car insurance details?

Insurance database is the normal source.

[Jlc]

Any advice gratefully received about receiving two NIP letter dated 23 & 24 days after offence. My solicitor is fairly confident we'd win at court but i've been spooked by the fine increasing to 1 week's salary for each offence if i lost in court!

Without the full facts it's impossible to say whether you have such a 'confident' defence. You might, but it would be unusual to be so clear cut.

Pleading not guilty at court would still only see 3 points (each) but the fine is 50% of weekly earnings and a surcharge of 10% of the fine. It's the costs that's the issue though, a contested trial could see £600+.

You need to be certain they truly are 'late'.

This post has been edited by Jlc: Sun, 16 Sep 2018 - 18:51

[Logician]

You have made me doubt myself now! I'll get in touch with the dealer i part-ex with and get him to 100% check the V5C was at my new address

If he still has the car get him to photocopy the V5C for you.

[southpaw82]

If you’ve got a solicitor who is able to give you face to face advice and see the relevant documents, what exactly do you want from an Internet forum?

[Churchmouse]

If you’ve got a solicitor who is able to give you face to face advice and see the relevant documents, what exactly do you want from an Internet forum?

Peer review?

Besides, unless she consulted a specialist road traffic law solicitor, it would not surprise me if the solicitor has got it wrong.

--Churchmouse

[southpaw82]

If you’ve got a solicitor who is able to give you face to face advice and see the relevant documents, what exactly do you want from an Internet forum?

Peer review?

Perhaps, but few peers around here.

Besides, unless she consulted a specialist road traffic law solicitor, it would not surprise me if the solicitor has got it wrong.

True enough.