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2 NIP's from different regions - one within 14 days and one not - not registered keeper
ccass
post Mon, 11 Jun 2018 - 13:51
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[size="4"][size="3"]Hi Everyone,

I have a bit of an anomaly. I've started work where I need to travel alot and have now received 3 NIP's in the past 7 months ( in order ... 46 in a 40 last december / 46 in a 40 28th april / 79 in a 70 beginning of may time) - all in a flow of traffic going the same speed. Really frustrating.

The first NIP is over and done with and I have received 3 points. Never had any points on my license before this.

The other 2 have been within a couple of weeks of each other at the end of April/beginning of May time - I actually received a NIP for the 3rd one (within 14 days) in one region long before I received an NIP for the 2nd one (just got it today) in another region when i was travelling for work.

I am waiting for the logbook to be returned to me as we were late posting it off to the DVLA because it was misplaced after purchase of the car, so i'm not sure if the previous keeper was sent the NIP for either ... but the trader who I bought the car off did contact me as he had received an NIP also for the early May offence. He hasnt contacted me to let me know he was sent an NIP for the 28th April offence though.

Im not sure why the may offence were able to reach me within 14 days but the april offence have taken 5 weeks.

Have I got any argument in terms of time-barring the alleged April offence that I have just received a NIP for? as clearly I can be and was contacted within 14 days of the alleged May offence - why couldnt both regional constabularys reach me within the 14 day time frame.

Panicking a little now as this will be 9 points in approx. 9 months if I end up getting prosecuted for these 2 latest alleged offences. I travel the length and breadth of the country and as you can see by my speeds I am literally a small toes weight above the leeway limit on every single one.

Thanks in advance for anyone taking the time to read.
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post Mon, 11 Jun 2018 - 13:51
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666
post Mon, 11 Jun 2018 - 14:32
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The law requires a NIP to be served to the registered keeper within 14 days, which it seems it was. There is no time limit to any subsequent NIPS, so no, you don't seem to have an argument.
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BaggieBoy
post Mon, 11 Jun 2018 - 14:37
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Are any of these alleged offences in England or Wales, if so you might want to consider taking the likely offer of a speed awareness course, to avoid being on 9 points.
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Jlc
post Mon, 11 Jun 2018 - 15:27
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QUOTE (ccass @ Mon, 11 Jun 2018 - 14:51) *
... as you can see by my speeds I am literally a small toes weight above the leeway limit on every single one.

Yes, they are usually pursued at +10%+2mph of the limit - coincidentally all of yours are at the starting point.

However, if you get to tot, how the points were gained is irrelevant in terms of any exceptional hardship plea.

If you do a lot of mileage then staying well within a 10% margin is now a must to avoid any more points. (Awareness courses aside)

QUOTE (ccass @ Mon, 11 Jun 2018 - 14:51) *
Im not sure why the may offence were able to reach me within 14 days but the april offence have taken 5 weeks.

As noted, it's only the 1st notification to the RK that has the 14 day requirement. It's quite possible that they've managed to turn around one response within 14 days - it doesn't give any 'defence' to the other one though.

It all depends what keeper details the DVLA had at the time of request - but from what I can gather they didn't have your details.

This post has been edited by Jlc: Mon, 11 Jun 2018 - 15:23


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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andy_foster
post Mon, 11 Jun 2018 - 18:50
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QUOTE (666 @ Mon, 11 Jun 2018 - 15:32) *
The law requires a NIP to be served to the registered keeper within 14 days, which it seems it was. There is no time limit to any subsequent NIPS, so no, you don't seem to have an argument.


Please don't make things up.

The law requires a NIP to be served on the RK or the driver within 14 days unless it was not reasonably practicable to determine their details in time to serve a NIP within the 14 days.

If the DVLA/PNC was showing the vehicle as "in trade" and one force used the MIB database to find the OP, and the other force simply couldn't be bothered, then he would seem to have a defence.
However, if the DVLA/PNC was showing the previous keeper as still being the RK, and they had no reason to doubt that information, the exemption would seem to apply.


--------------------
Andy

Millenial (noun): a person who is offended at being told "Suck it up, buttercup"
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