PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Delay in issuing second NIP, Could at delay of 74 days invalidate the second NIP?
Cyclax
post Wed, 20 Mar 2019 - 05:56
Post #1


New Member


Group: Members
Posts: 1
Joined: 6 Feb 2019
Member No.: 102,308



I have received an NIP for speeding which was issued 74 days after the alleged offence. When I queried the delay, I was informed that an initial NIP was issued 5 days after the alleged offence, and sent to the address on the DVLA database (I have recently moved, and not updated the address).

Is it possible to argue that the second NIP is ineffective, because of the length of the delay in issuing it? By my calculations, after realising the initial NIP had failed, they waited 51 days before issuing the second one. The woman who replied to my query went out of her way to assure me that she acted reasonably, presumably to try to persuade me that her actions would pass the reasonable man test.

Any thoughts would be gratefully received.

This post has been edited by Cyclax: Wed, 20 Mar 2019 - 05:56
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 3)
Advertisement
post Wed, 20 Mar 2019 - 05:56
Post #


Advertise here!









Go to the top of the page
 
Quote Post
The Rookie
post Wed, 20 Mar 2019 - 06:45
Post #2


Member


Group: Members
Posts: 45,368
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



No, the only time requirement in statute is for the initial NIP to the registered keeper at their last known address.

Any subsequent delay is irrelevant.


--------------------
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
Go to the top of the page
 
+Quote Post
666
post Wed, 20 Mar 2019 - 06:50
Post #3


Member


Group: Members
Posts: 1,661
Joined: 17 Jun 2011
Member No.: 47,602



They wouldn't have "waited" for 51 days - presumably they would have had to spend some time tracking you down, and possibly sending further NIP(s), each of which would have had a 28-day response period.

Anyway, that's irrelevant, there is no time limit apart from that for the first NIP. You must now respond to the s172 naming the driver.
Go to the top of the page
 
+Quote Post
Jlc
post Wed, 20 Mar 2019 - 07:39
Post #4


Member


Group: Members
Posts: 33,864
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



In some ways you are ‘lucky’ to get this chance. Quite often the next step would have been a prosecution and conviction without your attendance. Relatively easy to sort but a right pain (requiring court attendance)

What’s the alleged speed/limit?


--------------------
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.
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Tuesday, 4th August 2020 - 17:15
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.