NIP received outside of 14 days - but dated within |
NIP received outside of 14 days - but dated within |
Tue, 23 Oct 2018 - 13:01
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#1
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New Member Group: Members Posts: 3 Joined: 23 Oct 2018 Member No.: 100,543 |
G/F received a NIP today (50 in a 30), asking for confirmation of the person driving the car.
Date of offence is 18th September. Letter is dated 26th September. Obviously this is well outside of 14 days - however, the letter arrived normal delivery and is dated well within the 14 days. There is no date stamp on the envelope, just an account number and a "delivered by royal mail" stamp. I am aware of the RAC letter that can be used - however, how can she prove that she only just received a letter that is dated almost a month ago? |
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Tue, 23 Oct 2018 - 13:01
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Tue, 23 Oct 2018 - 13:31
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#2
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Member Group: Members Posts: 4,746 Joined: 29 Oct 2008 Member No.: 23,623 |
... however, how can she prove that she only just received a letter that is dated almost a month ago? Assuming she was the driver, from what you have said, all she can do is go to court and tell them. She could try a letter to the issuing office explaining the situation but they will probably simply refer the matter to court. If she is convicted there she faces an income related fine (a week's net income), a surcharge of 10% of the fine (Min £30) costs which could be around £300 and either 4-6 points or a short ban (with six points being the most likely). fortunately 50mph is just too fast for a fixed penalty. Whatever she decides to do she must respond to the request for driver's details within the 28 days allowed. This is regardless of any issues with elate NIP. Failure to respond will see her face a charge of failing to provide those details. This will mean a visit to court, a hefty fine and an automatic six points. This post has been edited by NewJudge: Tue, 23 Oct 2018 - 16:01 |
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Tue, 23 Oct 2018 - 13:41
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#3
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New Member Group: Members Posts: 3 Joined: 23 Oct 2018 Member No.: 100,543 |
I thought it was outside the realms of a fixed penalty - it's only just in Band B?
When is the 28 days from? If it's the date of the letter, she can't possibly respond within 28 days - that's tomorrow! |
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Tue, 23 Oct 2018 - 13:51
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#4
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Member Group: Members Posts: 4,746 Joined: 29 Oct 2008 Member No.: 23,623 |
I thought it was outside the realms of a fixed penalty - it's only just in Band B? When is the 28 days from? If it's the date of the letter, she can't possibly respond within 28 days - that's tomorrow! Fixed penalties are normally offered up to The 28 days is from the day it was served on her (which is assumed to be 2 working days after posting). Best she gives the office a ring to let them know the situation and that her reply is on its way (assuming it will be). This post has been edited by NewJudge: Tue, 23 Oct 2018 - 16:02 |
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Tue, 23 Oct 2018 - 13:57
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#5
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Member Group: Members Posts: 41,505 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
At the very least the driver nomination must be returned as soon as reasonably practicable. Even if it was a few days late they are unlikely to bat an eyelid.
Naming the driver does not prejudice any late NIP defence. But the recipient would have to rebut the presumption of delivery. Failing to name the driver would not be a good idea. Unfortunately, that excess is not likely to see a fixed penalty offer. -------------------- 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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Tue, 23 Oct 2018 - 14:09
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#6
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Some forces send the reminder as an exact copy of the original NIP, that may explain the apparent long duration in the postal system.
-------------------- 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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Tue, 23 Oct 2018 - 15:59
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#7
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Member Group: Members Posts: 4,746 Joined: 29 Oct 2008 Member No.: 23,623 |
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Tue, 23 Oct 2018 - 16:10
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#8
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New Member Group: Members Posts: 3 Joined: 23 Oct 2018 Member No.: 100,543 |
Ok, thanks.
She has sent back confirmation today that she was the driver, recorded delivery - and she has spoken to them on the phone to let them know she has only just received it. Guess a court date is probably due at some point soon. |
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Tue, 23 Oct 2018 - 19:30
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#9
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Member Group: Members Posts: 4,746 Joined: 29 Oct 2008 Member No.: 23,623 |
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Tue, 23 Oct 2018 - 20:15
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#10
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Member Group: Life Member Posts: 24,213 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
When is the 28 days from? If it's the date of the letter, she can't possibly respond within 28 days - that's tomorrow! It's 28 days beginning with the date of service (delivery) of the notice. The potential issue is that, as with the 14 day rule for the NIP part, service is deemed to have been effected 2 working days after posting unless the contrary is proven. Some forces send the reminder as an exact copy of the original NIP, that may explain the apparent long duration in the postal system. Without a covering letter? -------------------- Andy
Some people think that I make them feel stupid. To be fair, they deserve most of the credit. |
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