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Ibby
Hello,

I've received a NIP for driving at 41mph in a 30mph zone. The alleged offence took place on 31st Dec 07 and the NIP is dated 16th Jan 08, received today on 17th Jan. I am the registered keeper of the vehicle and while this is the first time that I'm alleged to have committed an offence, I did receive a NIP a few years ago (as the keeper of the vehicle) for when my wife got caught speeding. Do I have any sort of defence? bearing in mind that it is not my first NIP?

I'd be grateful for any help on this.
spanner345
Do the nip wizard, give people something to work with.
Ibby
Hi,

I've done the NIP wizard. It doesn't seem to help with this particular question.
saracengb
QUOTE (Ibby @ Thu, 17 Jan 2008 - 17:45) *
Hi,

I've done the NIP wizard. It doesn't seem to help with this particular question.


Ibby, this is exactly the kind of question the NIP wizard is designed for - just fill it in and post it -see what happens - also it gives people lots of info to look at without asking unnecessary questions

Phil
The Rookie
Please complete all the wizard (including the additional questions under the additional info button) and allow the output to be posted to this thread.

A NIP HAS to inform the registered keeper of the alleged offence within 14 days, this appears to not be the case for you, the wizards output will help confirm this and link you to the RAC letter to send to the scammers if its appropriate...to confirm your the reg keeper and have the V5 in your posession, and haven't recently bought the car or moved house? The car isn't leased or a company car where someone else is the regiseterd keeper (at DVLA) who would/could have got a NIP in the first 14 days?

Simon
Ibby
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - December 2007
Date of the NIP: - 16 days after the offence
Date you received the NIP: - 17 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A583, 30mph Preston New Road (W), Blackpool (A Div) Mobile
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
If your are not the Registered Keeper, what is your relationship to the vehicle? -
How many current points do you have? - 0
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - I wasn't aware that I was breaking the speed limit. As far as I can remember on that day (over two weeks ago) I was travelling on the A583 into Blackpool and I was doing the same speed as the other cars.

NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
Did the first NIP arrive within 14 days? - No
Was there a valid reason for the NIP's late arrival? - No

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • The first NIP to the Registered Keeper must arrive within 14 days unless there is a valid reason why that was not possible, for example a recent change of details.

    This link will take you to the advice provided by the RAC's legal team.

Generated by the PePiPoo NIP Wizard v3.3.2: Sat, 19 Jan 2008 09:05:51 +0000
Ibby
Also, I've been on to the Lancashire Partnership Safey website www.safe2travel.co.uk and this is their
answer to the 14 day rule.

Answer: The notice must be sent to the Registered Keeper within fourteen days. If your notice arrived after this, it means that you have already been named as the driver/keeper/hirer.

Frankly, I don't understand their answer?
bama
that is because it is crap and is trying to con you into accepting late delivery AND coughing up the money.
It has to be served (not posted) to arrive with 14 days. Lots of stuff about this here, start at
forums.pepipoo.com/index.php?autocom=ibwiki&cmd=article&id=14.

As long as you are the RK and have been for a while then the dates you quote seem cast iron. Do not lose the envelop of give up posession of the envelope or the NIP/letter.
Ibby
Thanks for your replies on this subject. I really appreciate your help. I've sent
a letter to the ticket office and I'll let you know how I get on.
andy_foster
Ibby,

What is the date after the DocRef No. at the bottom of page 2 of your V5C?
Ibby
What is the date after the DocRef No. at the bottom of page 2 of your V5C?

Answer: I've got a V5C3 if that's the one you mean? The date is 02 09 04
andy_foster
AIUI, the V5C/3 is the yellow section you complete if you sell the vehicle to a motor trader.
If you do not have the complete V5C, then it would seem that you are probably not be the registered keeper as per the DVLA's database.
If that is the case, it would seem that the 14 day rule would probably not apply.
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