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First speeding offence - car trap / NIP LATE!?
Max Robald
post Thu, 25 Nov 2021 - 22:16
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Hi all:

I received via a monthly car hire company a Notice of Intended Prosecution from Thames Valley Police today for the alleged offence of: Exceed 40 mph (Attended) with recorded speed of 57! It happened on the A412 Wexham right after it turns from 60 to 40 limit a police van was parked up.

First question I have is the offence was 15/10/21, however the letter head says 25/10/21. And the hire company only emailed my today 25/11/21 ! With the letter giving me notice (I still have their car) they said they have provided my name etc.

It’s my first offence and upon googling it looks like 6 points ! Which will ruin my insurance I’ve had a clean licence for about 7/8 years now. What do u think will happen ? Secondly do you think I have the option to trigger the NIP being late ? I have emailed the hire company asking them to confirm when exactly they received the NIP.

Would like your thoughts many thanks all!
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post Thu, 25 Nov 2021 - 22:16
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Gerfc1
post Thu, 25 Nov 2021 - 22:47
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14 days limit NIP only applies to registered keeper. The time limit does not apply when the follow up NIP is served. 6 months time limits applies to start the Court Proceeding.

For 57mph in 40mph you will get a Conditional Offer of Fixed Penalty of £100 penalty and 3 penalty points.

Challenging late NIP is high risk as 95% of NIP is served correcly, it is likely your hire company is not registered keeper and the financial company which owes cars is the registered keeper.


3 penalty points for speeding does not affect insurance, would be up to £10 increase for 1st year, which would comes at the renewal.
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NewJudge
post Thu, 25 Nov 2021 - 22:57
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QUOTE (Gerfc1 @ Thu, 25 Nov 2021 - 22:47) *
Challenging late NIP is high risk...

Especially if you don't know where the first NIP went to and when it was served.
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andy_foster
post Thu, 25 Nov 2021 - 23:49
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QUOTE (Max Robald @ Thu, 25 Nov 2021 - 22:16) *
First question I have is the offence was 15/10/21, however the letter head says 25/10/21. And the hire company only emailed my today 25/11/21 ! With the letter giving me notice (I still have their car) they said they have provided my name etc.


Not technically a question, but that's not the biggest issue.
If the company are the RK and the NIP was sent 10 days after the date of the offence, it would be deemed to have been served 2 working days later (unless and until the contrary is proven), which would have been 12 days after the offence. I know that a lot has changed since I left school, but I'm pretty sure that 12 days is still not more than 14 days.

If you have evidence that the company are the RK and that they received the NIP more than 14 days after the date of the offence, then you would seem to have the basis of a viable defence. However, other than the apparent inability to phrase a question, all you seem to have is the vague conjecture that as the company didn't get around to sending you the letter for some time, that that somehow means that the NIP must have been served late on them.

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It’s my first offence


That's seriously unlucky. Most drivers regularly commit road traffic offences but rarely get caught. To get caught the first time you ever committed an offence would probably make you the unlukiest driver ever.

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and upon googling it looks like 6 points !


And the worst googler ever, too.


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Max Robald
post Fri, 26 Nov 2021 - 00:24
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QUOTE (Gerfc1 @ Thu, 25 Nov 2021 - 22:47) *
14 days limit NIP only applies to registered keeper. The time limit does not apply when the follow up NIP is served. 6 months time limits applies to start the Court Proceeding.

For 57mph in 40mph you will get a Conditional Offer of Fixed Penalty of £100 penalty and 3 penalty points.

Challenging late NIP is high risk as 95% of NIP is served correcly, it is likely your hire company is not registered keeper and the financial company which owes cars is the registered keeper.


3 penalty points for speeding does not affect insurance, would be up to £10 increase for 1st year, which would comes at the renewal.


Right! Okay this has reduced some level of stress for myself….

Given it’s my first offence and clean record any chance of a learning course ?

QUOTE (andy_foster @ Thu, 25 Nov 2021 - 23:49) *
QUOTE (Max Robald @ Thu, 25 Nov 2021 - 22:16) *
First question I have is the offence was 15/10/21, however the letter head says 25/10/21. And the hire company only emailed my today 25/11/21 ! With the letter giving me notice (I still have their car) they said they have provided my name etc.


Not technically a question, but that's not the biggest issue.
If the company are the RK and the NIP was sent 10 days after the date of the offence, it would be deemed to have been served 2 working days later (unless and until the contrary is proven), which would have been 12 days after the offence. I know that a lot has changed since I left school, but I'm pretty sure that 12 days is still not more than 14 days.

If you have evidence that the company are the RK and that they received the NIP more than 14 days after the date of the offence, then you would seem to have the basis of a viable defence. However, other than the apparent inability to phrase a question, all you seem to have is the vague conjecture that as the company didn't get around to sending you the letter for some time, that that somehow means that the NIP must have been served late on them.

QUOTE
It’s my first offence


That's seriously unlucky. Most drivers regularly commit road traffic offences but rarely get caught. To get caught the first time you ever committed an offence would probably make you the unlukiest driver ever.

QUOTE
and upon googling it looks like 6 points !


And the worst googler ever, too.


I understand your passion for this, however always remember that policing grammar and having a subtle digs at someone won’t really help the deep issues you have within you.
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notmeatloaf
post Fri, 26 Nov 2021 - 01:26
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QUOTE (Max Robald @ Fri, 26 Nov 2021 - 00:24) *
Right! Okay this has reduced some level of stress for myself….

Given it’s my first offence and clean record any chance of a learning course ?

Unfortunately not, courses are up to 10% + 9mph, so 53mph. They don't make exceptions (that we have ever heard of).

Don't mind Andy, he thinks people find advice more helpful if it's as condescending as possible. A wannabe PE teacher.
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The Rookie
post Fri, 26 Nov 2021 - 07:29
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QUOTE (Max Robald @ Fri, 26 Nov 2021 - 00:24) *
Given it’s my first offence and clean record any chance of a learning course ?

First alleged 'offence' isn't a criteria used, solely speed and whether the same course has been completed in the preceding 3 years.


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Max Robald
post Fri, 26 Nov 2021 - 09:05
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QUOTE (notmeatloaf @ Fri, 26 Nov 2021 - 01:26) *
QUOTE (Max Robald @ Fri, 26 Nov 2021 - 00:24) *
Right! Okay this has reduced some level of stress for myself….

Given it’s my first offence and clean record any chance of a learning course ?

Unfortunately not, courses are up to 10% + 9mph, so 53mph. They don't make exceptions (that we have ever heard of).

Don't mind Andy, he thinks people find advice more helpful if it's as condescending as possible. A wannabe PE teacher.



Many thanks, guess I’m just unlucky - so with 3 points does it impact you in any way ?
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Slapdash
post Fri, 26 Nov 2021 - 10:22
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QUOTE (Max Robald @ Fri, 26 Nov 2021 - 09:05) *
Many thanks, guess I’m just unlucky - so with 3 points does it impact you in any way ?


It might. But most likely only minor.

Any insurance that you are on will need notification at an appropriate point (either when you get the points or at renewal depending on the insurer).

It also appears that it may be a company car. There is that insurer and any policy the relevant employer has.

When you get the cofp make sure you deal with it properly. A common failure is folk don't send their licence.
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Max Robald
post Fri, 26 Nov 2021 - 18:32
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QUOTE (The Rookie @ Fri, 26 Nov 2021 - 07:29) *
QUOTE (Max Robald @ Fri, 26 Nov 2021 - 00:24) *
Given it’s my first offence and clean record any chance of a learning course ?

First alleged 'offence' isn't a criteria used, solely speed and whether the same course has been completed in the preceding 3 years.


Right, given I’ve not done the course before what are your thoughts ? Secondly how much could the fine be if I get three points.
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Slapdash
post Fri, 26 Nov 2021 - 18:59
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£100 and 3 pts if you accept a fixed penalty.
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