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NIP received over 3 months after offence, Time limit on NIP
OldHarry
post Fri, 9 Nov 2018 - 18:18
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Today 9th November I received a NIP for an offence commited on 8th August ! The offence was 39 in a 30 limit in Oxford
The car is a lease car leased to my company and driven solely by myself. I assume that the police first contacted the lease company who would have advised them of my company The police would have contacted them and they would hav eidentified myself.
Is is it reasonable that I have received the NIP after 3 months. The dalays are not my fault. Also I note that there is a limit of 74 days from the offence to be eligible for a speed awareness couirse - is this option now closed ?
What is the best way to challenge these delays - is the NIP still valid ? or at least insist on the option of a speed awareness course?
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post Fri, 9 Nov 2018 - 18:18
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NewJudge
post Fri, 9 Nov 2018 - 18:29
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The only time limit for NIPs is the 14 days allowed for the first one. Each recipient has 28 days to respond but there are no constraints on the time taken to issue subsequent NIPs (although there is an overall limit of six months by which any prosecution must begin).

The offer of a course or a fixed penalty is entirely at the discretion of the police. You have no right to either and have no avenue of appeal if one is not offered. The usual cut-off for courses is around four months so if you return your Section 172 request promptly you may still be offered one.

So yes, the NIP is still valid, you have no avenue of challenge (and you cannot "challenge" a NIP anyway as it is merely a notice). You cannot insist of a course. What you may be able to do, if the matter ends up in court, is ask the court to sentence you at the fixed penalty level instead of in accordance with the guidelines. They have the discretion to do this in the circumstances you describe.
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