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Ajr37731977
Today I have received notification from my leasing company that yesterday (26th) they received a NOIP dated the 25th of May, following the alleged offence of driving at 41mph in a 30mph zone @ 9.17am on the 3rd of May.
Not including the day of offence I therefore make that 21 days before they issued the letter and 22 days before it was received by the registered keeper (Leasing Company).

In my opinion the NOIP is now time barred but the leasing company are advising me that the NOIP will be re-issued, now that they have submitted to the relevant police force the correct driver details.
Can somebody please clarify the position as it is my opinion no matter who is driving the vehicle the first NOIP is time barred as issued and arrived in excess of 14 days.

Does it matter that this is a lease vehicle and that I the driver am not the registered keeper of the vehicle involved in the offence?

Many thanks in advance.
peterguk
Almost unheard of for a 1st NIP to be issued so late without good reason.

New vehicle? Reminder NIP? Finance co. is RK, not the leasing co.?
Jlc
Regardless, you appear to be keeping the vehicle so a driver nomination will be required. This is separate to the underlying offence.

You need to find out who has the v5.
andy_foster
The defence of no NIP being served within 14 days does not depend upon the driver being the RK.

However, leasing companies often lease the cars from finance companies who are the RK, for tax reasons. Unless and until someone tells em that they have the V5C in their hand, and can tell me what the date after the Doc. Ref. No. at the bottom of page 2 is, I take any claim that they are the RK with a pinch of salt.

If the car is particularly new, it is possible that the V5C might not have been issued when the police checked the database, which might excuse them from the requirement to serve a NIP.

If someone at the leasing company has the V5C in their hand, can confirm that the name and address are correct (and theirs), and can tell you the date after the Doc. Ref. No. at the bottom of page 2 (and it's before the date of the alleged offence), then you would seem to have a lead pipe solid defence. You will probably also be having wing of pork for dinner.
Ajr37731977
The vehicle was registered to its principal leasing company on the 9th of March 2016. It was then leased out on the 20th of March 2016 and I then took over the lease on the 4th of April, therefore whilst new, I would of said 8 weeks for the V5C was more than ample time.
Any thoughts anyone? The registered keeper according to the addressee of the NOIP is the leasing company that have had the vehicle when first registered on the 09/03/2016.

The leasing company have sent me page 1 of the NOIP Request for information to identify the driver of the vehicle letter and it is addressed to the Leasing company.

The letter then goes on to advise that they are recorded as or have been named as the Owner / Keeper / Hirer / Driver of the vehicle at time of said offence.
This is the first NOIP.

Given what I know is this grounds for defence?????????
peterguk
QUOTE (Ajr37731977 @ Fri, 27 May 2016 - 22:03) *
The vehicle was registered to its principal leasing company on the 9th of March 2016. It was then leased out on the 20th of March 2016 and I then took over the lease on the 4th of April, therefore whilst new I would of said 8 weeks to register the V%C was more than ample time.
Any thoughts anyone? The registered keeper is the leasing company that had the vehicle when first registered on the 09/03/2016.


Get sight of the V5C as already suggested by Andy. Anything else is no better than guesswork blindfolded.
Jlc
Any NIP in isolation won't answer the question as they don't state whether they are the first or not...
Ajr37731977
Get sight of the V5C as already suggested by Andy. Anything else is no better than guesswork blindfolded.
[/quote]


Excuse my ignorance but what is the purpose of getting sight of the V5? How does this assist?
southpaw82
It prevents you from taking a gamble. How will you feel if you ignore the offer of a course or fixed penalty, go to court, and rely on the 14 day defence only for the prosecution to show that the first NIP was served in time to a finance company as RK?
Ajr37731977
Is there a way of finding out if this is the first NOIP or not?
Jlc
QUOTE (Ajr37731977 @ Fri, 27 May 2016 - 22:29) *
Is there a way of finding out if this is the first NOIP or not?

Why not ask the people who sent them.....
andy_foster
In 99% of cases we see where the NIP was issued outside of the 14 days, the OP is adamant that the addressee of the NIP is the RK until they go to get the V5C to prove it and discover that they don't have the V5C because they aren't the RK. Or the company was the RK, but the first NIP went to head office, and the 'late' NIP was a subsequent notice sent to the local branch.

For 41 in a 30 limit you should be offered a course or a fixed penalty.

It is unlikely that the police will entertain an 'appeal' that the NIP was issued late, meaning that to challenge it you would need to go to court.
In court, if the late NIP defence is sound, you win. However, if you lose it will be far more expensive than the course or fixed penalty. If the NIP to the lease company was not the first, you don't want to find out in the summons bundle.

In short, we do not share your confidence that the lease company, as per the address on the NIP, is the RK. Seeing the V5C does not change whether or not they are the RK, but in most cases it changes the OP's mistaken belief.
kezzy
I was almost caught out by this type of thing.
Iwas scammera'd in a van that was leased, and the NIP was dated 18 days after the alleged offence, to the lease company, I subsequently got my NIP seven days after that, only to find out that the Finance Company were the Registered Keeper, and that first NIP to them was inside the 14 day period.

So try and check with the lease, company who the Finance Company is. Then you will know who actually is the registered keeper. But it still does not change you from being the driver.
The Rookie
It's been a long time since we have seen a NIP issued anywhere near approaching late, the Police are well aware of the rules and have (by about 2010 reliably) the processes in place to cover that. The only time we see a viable late NIP defence is when there has been an interruption due to the delivery not the original postage (as in PeterG's case links to in post #6), hence why there is a significant degree of scepticism that the NIP (the first one the law requires, rather than subsequent letters) in your case was late.
The Slithy Tove
QUOTE (Ajr37731977 @ Fri, 27 May 2016 - 22:03) *
The leasing company have sent me page 1 of the NOIP Request for information to identify the driver of the vehicle letter and it is addressed to the Leasing company.

Which means at the moment you do NOTHING. The lease company are merely telling you this for your information, and, presumably, getting confirmation that you are the current "keeper". They will then name you and you'll get your own NIP in die course. You only need to respond to an NIP/S.172 addressed specifically to you.
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