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FightBack Forums _ Speeding and other Criminal Offences _ [NIP Wizard] Personal Contract Hire Vehicle - NIP Received by me late?

Posted by: djaneyc Thu, 30 Nov 2017 - 08:54
Post #1335858

NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - October 2017
Date of the NIP: - 31 days after the offence
Date you received the NIP: - 32 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A44 Ponterwyd
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? - Personal Contract Hire
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 - My husband was driving the car at the time. I believe Audi hold the V5 document but I have not received any notification from them that they have been asked to provide my details. This notice was the first indication that they intend to prosecute. I believe they are out of time as they have taken over a month to send this to me?

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)? - No
Is the NIP addressed to you personally? - Yes
Although you are not the Registered Keeper, were you the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes
Were you driving? - No
Do you know who was driving? - Yes
- Yes
- Yes

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


Generated by the PePiPoo NIP Wizard v3.3.2: Thu, 30 Nov 2017 08:54:06 +0000

Posted by: 666 Thu, 30 Nov 2017 - 08:58
Post #1335860

The only time limit applies to the first NIP, which, as you say, will have gone to Audi.

They had 28 days to reply to the police, and no obligation to notify you.

I'm afraid everything seems in order, and you must respond nominationg your husband.

Posted by: peterguk Thu, 30 Nov 2017 - 09:00
Post #1335862

If Audi hold the V5, it would seem logical to assume the first NIP was sent to Audi since the police won't know you are the regular driver. Audi will have had 28 days to name you as the keeper.

There is no time constraint on subsequent NIPs in the chain.

Posted by: Jlc Thu, 30 Nov 2017 - 09:06
Post #1335863

QUOTE (peterguk @ Thu, 30 Nov 2017 - 09:00) *
There is no time constraint on subsequent NIPs in the chain.

Other than the 6 months to commence proceedings. (But way off this)

Of course even if the NIP was 'late' (It doesn't appear to be) then driver still needs to be named regardless.

Posted by: BaggieBoy Thu, 30 Nov 2017 - 09:30
Post #1335870

There is no requirement for the RK (in this case Audi, or more likely an Audi finance/leasing company) to notify you they received a NIP, their only obligation is to respond to whomever sent the NIP.

Posted by: southpaw82 Thu, 30 Nov 2017 - 10:29
Post #1335875

Is there really a need to repeat the same information in several posts?

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