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FightBack Forums > Queries > Speeding and other Criminal Offences
gmod
Hi this is my first post in this forum and I would like some help with a fairly complicated chain of events sad.gif .

My sister lives in Germany and came to the UK last year for three months to see family and friends. To help get around she purchased a cheap runabout which at the end of her stay I got landed with to sell :? .

After a couple of viewings and a few test drives a new owner was found and all was well biggrin.gif until I got sent two NIP's in my sisters name (the first one being two months old the second two weeks old) which had been sent to her friend where she had first stayed (her friend fowarded them to me). I replied to the NIP's stating that the person named is not a resident of this country and was not in the country at the time of the alleged offence. I informed them that the car had been taken for test drives as it was for sale and that I can only assume it was on one of these occasions that the alleged offence took place.

I received a reply thanking me for the information and have heard nothing from them for 4 months biggrin.gif

UNTIL sad.gif The person I sold the car to turns up on my doorstep with an NIP in his name even though he hadn't purchased the car until a month after the speeding offence. After I had assured him that I had not named him as the driver he said that he was going to write a letter stating that as he was not the RK at the time of the offence he would have no way of knowing who the driver was 8) but he also said that if they asked who he purchased the car from he would have no choice but to name me icon_eek.gif (ah well fair play).

Does any of that make sense :? if so here is what I would like to know:

A) They know the car was in my possession so why have they not sent me a NIP?

B) They offence was over six months ago how long can they keep going?


Many,many thanks for any help
Ker-ching
QUOTE
Does any of that make sense if so here is what I would like to know:
Yes, it is clear enough. As I read it, at the time of the alleged offence:
1. Your sister was the registered keeper;
2. You were the keeper
3. A prospective buyer, ID not known, was the likely driver.

QUOTE
A) They know the car was in my possession so why have they not sent me a NIP?


Incompetence, most likely -- there's a lot of it about in the scameraships, fortunately laugh.gif Some numpty there can only deal with official DVLA records, hence the letters to your sister and the new owner. Taking the trouble to read your letter (assuming it wasn't misfiled) and understanding it is beyond him/her.

QUOTE
B) The offence was over six months ago how long can they keep going?


For speeding, six months from the date of the alleged offence. Sounds like it's timed out already.

For S172 (failure to supply driver ID), six month + 28 days from the date of the (first?) NIP.
cjm99
If you eventually receive a NIP in your own name. Fill it in as the driver and sign it.
This will stop any possible s172 action. As you say, the speeding is now out of time, so when the fixed penalty offer arrives write to them in a thoroughly impolite manner. icon_eek.gif


Chris
Divbad
QUOTE
For speeding, six months from the date of the alleged offence. Sounds like it's timed out already.

For S172 (failure to supply driver ID), six month + 28 days from the date of the (first?) NIP.


When does the 6m 28d start, from the first or the most-recent NiP?

I got a series of 'em, and don't want to count my chickens too soon.

What is to stop the CTO issuing a new one every 27 days so that the 172 NEVER times-out?
DW190
I was corrected on this when I thought it was the last NIP.

The offence is committed the first minute after 28 days from the date of the first NIP addressed to you.

Any subsequent NIP's don't matter as the offence has already been committed.

You cannot commit the same offence twice in the case of multiple requests for the same information
gmod
Thanks everyone 8) you've been a great help.

I think I'll still stick around this site as with the number of cameras appearing around here I'll be needing help again no doubt :? . Time to invest in some counter measures I think.

Again many thanks biggrin.gif
Divbad
...or just keep a careful eye on the road & stay within the legal limits "where applicable"... laugh.gif
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