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NIP received outside of 14 days - but dated within
AnywhereButHomet...
post Tue, 23 Oct 2018 - 13:01
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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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post Tue, 23 Oct 2018 - 13:01
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NewJudge
post Tue, 23 Oct 2018 - 13:31
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QUOTE (AnywhereButHomettttt @ Tue, 23 Oct 2018 - 14:01) *
... 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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AnywhereButHomet...
post Tue, 23 Oct 2018 - 13:41
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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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NewJudge
post Tue, 23 Oct 2018 - 13:51
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QUOTE (AnywhereButHomettttt @ Tue, 23 Oct 2018 - 14:41) *
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 50mph 49mph in a 30mph limit. The offence falls at the very top end of the middle band of seriousness (this covers 41-50mph and attracts a "Band B" fine) but that is only appropriate if the matter goes to court.

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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Jlc
post Tue, 23 Oct 2018 - 13:57
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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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The Rookie
post Tue, 23 Oct 2018 - 14:09
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Some forces send the reminder as an exact copy of the original NIP, that may explain the apparent long duration in the postal system.


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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

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Rookies 1-0 Birmingham

PPC PCN's
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NewJudge
post Tue, 23 Oct 2018 - 15:59
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QUOTE (Jlc @ Tue, 23 Oct 2018 - 14:57) *
Unfortunately, that excess is not likely to see a fixed penalty offer.

Yes, my apologies. Up to 49mph is the usual limit for Fixed Penalties. Original post edited to reflect.

Thanks for the correction, jlc.
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AnywhereButHomet...
post Tue, 23 Oct 2018 - 16:10
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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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NewJudge
post Tue, 23 Oct 2018 - 19:30
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QUOTE (AnywhereButHomettttt @ Tue, 23 Oct 2018 - 17:10) *
Guess a court date is probably due at some point soon.

It may not be that soon. They have six months (from the date of the offence) to begin court proceedings and in some areas they take all of that.
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andy_foster
post Tue, 23 Oct 2018 - 20:15
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QUOTE (AnywhereButHomettttt @ Tue, 23 Oct 2018 - 14:41) *
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.

QUOTE (The Rookie @ Tue, 23 Oct 2018 - 15:09) *
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?


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Andy

Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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