PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

14 day rule
horne65
post Sat, 5 Mar 2011 - 12:11
Post #1


Member


Group: Members
Posts: 17
Joined: 17 Oct 2008
From: Cheshire
Member No.: 23,307



My son was driving a company vehicle and was flashed allegedly doing 51mph in a 40 zone.

He is English and was flashed in England on 01/02/2011 but has only just recieved the letter today 05/03/2011 dated 04/03/2011.

Does the 14 day rule still apply or are the rules different to take in to account the extra time taken to find the driver of the vehicle?

Regards

Kev
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 5)
Advertisement
post Sat, 5 Mar 2011 - 12:11
Post #


Advertise here!









Go to the top of the page
 
Quote Post
nemo
post Sat, 5 Mar 2011 - 12:20
Post #2


Member


Group: Members
Posts: 7,686
Joined: 21 Dec 2004
From: -------------
Member No.: 2,073



QUOTE (horne65 @ Sat, 5 Mar 2011 - 12:11) *
Does the 14 day rule still apply or are the rules different to take in to account the extra time taken to find the driver of the vehicle?

For certain offences (speeding included), and subject to certain exceptions, the police / SCP have a statutory obligation to serve a NIP on the driver OR the registered keeper of the vehicle within 14 days.

Subsequent notices (where a driver has been nominated, for instance), are not subject to the same requirements.

In your son's case, the initial NIP would have been served on the RK of the vehicle. If you know who this is, they may be able to advise you when the NIP was served on them.
Go to the top of the page
 
+Quote Post
horne65
post Sat, 5 Mar 2011 - 12:46
Post #3


Member


Group: Members
Posts: 17
Joined: 17 Oct 2008
From: Cheshire
Member No.: 23,307



So if its done through a company the police can take as long as they want?
Go to the top of the page
 
+Quote Post
jobo
post Sat, 5 Mar 2011 - 12:48
Post #4


Member


Group: Members
Posts: 13,506
Joined: 9 Jan 2008
From: manchester
Member No.: 16,521



QUOTE (horne65 @ Sat, 5 Mar 2011 - 12:46) *
So if its done through a company the police can take as long as they want?



5 months really


--------------------
jobo

anyone but Murray, Wish granted for another year,
Go to the top of the page
 
+Quote Post
BaggieBoy
post Sat, 5 Mar 2011 - 12:49
Post #5


Member


Group: Members
Posts: 6,395
Joined: 3 Apr 2006
From: North Hampshire
Member No.: 5,183



The first NIP has to be served within 14 days. There is no time limit on subsequent notices. The company may not be the RK, there may be a lease or finance company who is the RK.
Go to the top of the page
 
+Quote Post
nemo
post Sat, 5 Mar 2011 - 12:51
Post #6


Member


Group: Members
Posts: 7,686
Joined: 21 Dec 2004
From: -------------
Member No.: 2,073



QUOTE (horne65 @ Sat, 5 Mar 2011 - 12:46) *
So if its done through a company the police can take as long as they want?

In your son's case, and accepting that he is not the RK, they would have been required to serve a notice of intended prosecution on the registered keeper within 14 days of the alleged offence.

Once the initial notice had been served in accordance with statute, there was no need for any further NIPs to be served (at all). NB - don't confuse a NIP with a s.172 request - whilst they may be combined in a single document, they are governed by completely separate legislation.
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: Friday, 17th January 2020 - 21:11
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.