Does 14 day NIP still apply if I was driving my wifes car? |
Does 14 day NIP still apply if I was driving my wifes car? |
Sun, 19 Jun 2016 - 19:02
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#1
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New Member Group: Members Posts: 3 Joined: 19 Jun 2016 Member No.: 85,087 |
Before I begin I think it's worth mentioning that my wife or I haven't received a NIP yet.
On the 1/6/2016 I was driving her car and we went past a mobile speed camera and I may have been caught (60 zone and I was probably doing at the most 70mph before I managed to hit the brakes). At the time of writing (19/6/2016) neither my wife or I have received any NIP in the post. Reading various posts I realise that even though it is past 14 days since the event, that doesn't necessarily mean that we won't receive anything because its when the NIP is 'served' rather than received. Needless to say though that I'll be keeping an eye on the letterbox over the next week or so. My question is though - because I was driving her car - does the 14 rule still apply? |
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Sun, 19 Jun 2016 - 19:02
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Sun, 19 Jun 2016 - 19:11
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#2
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Member Group: Members Posts: 41,509 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
The '14 day rule' applies to the first NIP only - regardless of who was driving.
-------------------- 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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Sun, 19 Jun 2016 - 19:14
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#3
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Member Group: Members Posts: 521 Joined: 15 Oct 2011 From: England Member No.: 50,387 |
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Sun, 19 Jun 2016 - 19:22
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#4
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New Member Group: Members Posts: 3 Joined: 19 Jun 2016 Member No.: 85,087 |
The '14 day rule' applies to the first NIP only - regardless of who was driving. So does this mean that because I was driving it doesn't matter when she receives the NIP really because it wasn't her driving? Reading various posts I realise that even though it is past 14 days since the event, that doesn't necessarily mean that we won't receive anything because its when the NIP is 'served' rather than received. Are you sure that's what you read? That's what I could gather. For example, if my wife was to receive the NIP tomorrow (20/6/2016) but the date on the NIP was 10/6/2016 (for arguments sake) then it would still be valid because it was 'served' to her before the 14 days but for whatever reason it was delayed in the post. |
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Sun, 19 Jun 2016 - 19:27
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#5
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Member Group: Members Posts: 41,509 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
A late NIP is a late NIP whoever was driving. (So you would have a defence if she received a late NIP)
Presuming she is the RK (at the time of query) then it appears who won't hear anything or it is late. The notice has to be delivered within the 14 days - they are presumed delivered 2 working days after the date of posting unless the contrary can be proven. I suspect you are lucky. Normal enforcement begins at 68mph and you speedo will over read slightly. -------------------- 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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Sun, 19 Jun 2016 - 19:36
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#6
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New Member Group: Members Posts: 3 Joined: 19 Jun 2016 Member No.: 85,087 |
A late NIP is a late NIP whoever was driving. (So you would have a defence if she received a late NIP) Presuming she is the RK (at the time of query) then it appears who won't hear anything or it is late. The notice has to be delivered within the 14 days - they are presumed delivered 2 working days after the date of posting unless the contrary can be proven. I suspect you are lucky. Normal enforcement begins at 68mph and you speedo will over read slightly. Thanks for clearing that up. She is indeed the RK and she's had the car from new and we haven't moved since buying it so there should be no problems in getting her contact details. I'll keep an eye on the letterbox this week just in case anything does arrive but it's good to know that the 14 day rule still applies regardless of who was driving. It was on a pretty straight bit of road and I was doing 50 (!) when I went past the camera, but when I spotted it I was doing at the most 70mph. I hope I'm lucky because my previous record isn't great! |
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