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Hibbo28
Hi

I'm just after a bit of advice if anyone can help? I was caught doing 87 in a 60 on an A road in North Wales by a mobile camera unit

I received the NIP 40 days from the date of the offence addressed to the company I work for as the car is leased. I then had to fill in a form confirming I was the driver and give my details which I did. I then received a letter saying because of the speed it would be dealt with by the magistrates court and how did I wish to plead. I sent a letter either rightly or wrongly querying the validity of the NIP as it was received after 40 days and not within the usual required 14 days.

I have now received a letter saying the matter has been adjourned for the following reason

Clarification of plea - defendant plea in light of new statement from prosecutor

Can anyone advise what this means?

Many thanks
Jlc
The 14 days only applies to the 1st NIP - the registered keeper. (It is likely they have complied with this)

It appears they have taken your letter as potentially a 'not guilty' plea.
NewJudge
If you intend leading guilty you need to contact the court and let them know. You face a fine of a week's net income and this will be reduced by a third for a guilty plea entered at the first opportunity. A guilty plea at a later stage will see that discount reduced. Although a short disqualification is possible the likely sentence is five or possibly six points.
Hibbo28
QUOTE (Jlc @ Tue, 9 Jul 2019 - 15:12) *
The 14 days only applies to the 1st NIP - the registered keeper. (It is likely they have complied with this)

It appears they have taken your letter as potentially a 'not guilty' plea.


The 1st NIP came after 40 days. Does that not mean that it is invalid?
cp8759
QUOTE (Hibbo28 @ Tue, 9 Jul 2019 - 18:13) *
QUOTE (Jlc @ Tue, 9 Jul 2019 - 15:12) *
The 14 days only applies to the 1st NIP - the registered keeper. (It is likely they have complied with this)

It appears they have taken your letter as potentially a 'not guilty' plea.


The 1st NIP came after 40 days. Does that not mean that it is invalid?

The 1st NIP to you came after 40 days, but that's not what we mean by the 1st NIP. It's the 1st NIP to the registered keeper (i.e. not you) that counts. You don't know when the 1st NIP to the registered keeper arrived, as you're not the registered keeper.
southpaw82
QUOTE (Hibbo28 @ Tue, 9 Jul 2019 - 18:13) *
QUOTE (Jlc @ Tue, 9 Jul 2019 - 15:12) *
The 14 days only applies to the 1st NIP - the registered keeper. (It is likely they have complied with this)

It appears they have taken your letter as potentially a 'not guilty' plea.


The 1st NIP came after 40 days. Does that not mean that it is invalid?

Stop and think. The police had no idea who you were when the offence was detected but they could find out who the registered keeper was. They send them an NIP and a requirement to name the driver. They have 28 days to do so. How would it ever make sense, therefore, for the law to require the police to serve an NIP on you within 14 days?
Jlc
If you do plead guilty to the speeding offence then you'll likely see 6 points, a fine around 66% weekly earnings, costs of £85 and a surcharge of 10% of the fine (min £30).

A short ban is possible but points more likely.
Hibbo28
Thanks all for your help and advice, this is all a minefield for me. I have checked with work and the company is definitely listed as the registered keeper which is where we received the 1st NIP on the 31st October and the offence was the 21st September

Do I have any case for this NIP being invalid?

Cheers
Jlc
Have you seen the v5? (It is more likely a leasing firm hold it)

If so you need to pay particular attention to the docref date at the bottom of page 2 in DD MM YY format.

You must know the facts before making an expensive not guilty plea.

But, if the 1st NIP was truly late, then you are afforded a defence.
cp8759
I would not risk this without having sight of the V5C.
The Rookie
A NIP (a Notice) would not be invalid by being late, however a prosecution should not succeed where the requirement to inform either the registered keeper or the driver within 14 days wasn’t satisfied (absent the statutory defence of it not being possible with reasonable diligence such as if the address is being changed or that car isn’t yet registered).

It would be unusual for a company to be the register keeper of a company car, most are leased, it’s also not uncommon for the fleet people to be totally ignorant and assume as it’s ‘their car’ they are the registered keeper.

One good source of info is the registration plate, if it has a lease or finance company name across the bottom, odds on they are the RK.
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