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Company car but NIP took 18 days to lease co.
Worcs69
post Sat, 24 Feb 2018 - 14:26
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Hi,

I was clocked by a fixed gatso doing 65 in a 50 on a dual carraigeway at 1am (thought it was a 70 limit, but my fault)...date 040118. The lease company who own the car received a NIP dated 220118....18 days after the offence. In turn the first i knew was when i received an email from my company dated 210218, and today i received through the post a printed copy of the NIP EXCEPT this is dated 220218.....

I’m the named driver,but my question is is 18 days reasonable for the first NIP to go to the owner of the car (lease company) or does the 14 days come into play here? ( the NIP has a paragraph acknowledging it must be isdued within 14 days UNLESS certain migating circumstances to identify the owner).....my first thought is that it shouldnt take over 14 days to identify and issue a notice to the lease company....

Thinking of completing the required details and returning the form , but with a covering letter stating the original NIP (i have a pdf copy of) addressed to the lease company is dated 220118, outside the 14 days of the offence....thoughts?

Advice appreciated!

Worcs
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post Sat, 24 Feb 2018 - 14:26
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escapevelocity
post Mon, 26 Feb 2018 - 11:55
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It's interesting that I just came to this page after searching for a (possibly) late NIP, but this is also for a speeding offence in Worcester. Maybe they have a habit of sending them late!
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southpaw82
post Mon, 26 Feb 2018 - 11:55
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Re what I said in post 9. If this is universally the case then the first NIP should never have gone out late. You would be wise to obtain cast iron proof that the lease company are in fact the RK - via sight of the V5C preferably. If you proceed with this defence and are wrong you’re going to end up with a larger fine and costs against you.


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Worcs69
post Mon, 26 Feb 2018 - 12:13
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Ok thanks - have now asked our fleet manager to request a scanned copy of the V5 doc to be emailed to me from the lease company.

Worcs
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Dwaynedouglas
post Tue, 27 Feb 2018 - 20:48
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Is it possible that the lease company didn’t receive / respond to NIP 1, and the NIP OP has seen is a ‘reminder’?


14 days to respond plus a couple of days postage either way could reasonably see a reminder NIP dated day 18 if my maths and logic match up.

Just trying to cover all bases...


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I'm not a lawyer or legally trained, my opinion is based on my experience - follow at your own risk.
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BaggieBoy
post Tue, 27 Feb 2018 - 21:01
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QUOTE (Dwaynedouglas @ Tue, 27 Feb 2018 - 20:48) *
Is it possible that the lease company didn’t receive / respond to NIP 1, and the NIP OP has seen is a ‘reminder’?

14 days to respond plus a couple of days postage either way could reasonably see a reminder NIP dated day 18 if my maths and logic match up.

It doesn't, they would have 28 days to respond, so no way a reminder would be sent after 14.
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Worcs69
post Wed, 28 Feb 2018 - 11:49
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Update and Conclusion.....

Many thanks for everyones input.....

Ok so i received conf back that the lease company are the RK, my reservations about NIP dates were also sent to the lease company..... despite the Original NIP to the lease company being dated 22/1/18 (18 days adter the offence) the lease company confirmed that they were in fact contacted and notified by the Police on 08/01/18 and they in turn emailed my company on the 10/01/18....so why the original NIP is dayed 22/01/18 really is a bit of a mystery....

The NIP that eventually landed on my doorstep was dated 22/02/18 so i have decided that i will just take the 3 points and pay £100.... it seems they made ‘first notification’ to the RK within the time allowed.....

Glad i have questioned it though, i am only going off what the RK (lease companyj have confirmed by email....still strikes me as strage why the original NIP is dated 18 days later.....

So, all in all, not worth fighting this one! The bastards!

Many thanks all

Carry on the good work!

Worcs
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Jlc
post Wed, 28 Feb 2018 - 14:09
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QUOTE (Worcs69 @ Wed, 28 Feb 2018 - 11:49) *
So, all in all, not worth fighting this one! The barstewards!

Yeah, how dare they legitimately pursue a criminal... wink.gif laugh.gif


--------------------
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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Worcs69
post Wed, 28 Feb 2018 - 15:23
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I may be a ‘criminal’, but they are still ‘barstewards!’
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BertB
post Wed, 28 Feb 2018 - 17:44
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The story probably doesn't match the actual events as they went down, but at least the lease company have confirmed they were aware of a NIP being issued 4 days after the offence.

This post has been edited by BertB: Wed, 28 Feb 2018 - 17:44
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