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liuba
Hi all.
This is the situation I work part time as a HGV driver, one of the companies I work for yesterday called me and said they had been issued with a notice to identify the driver of a vehicle from the police and it was me on the day in question.
I am assuming this would be a NIP.
The company are the registered keeper of the vehicle and have been since the vehicle was new 2006.
They receive NIP on the 6th Feb 2008 the offence was 28 Sept 2007 how do I stand with the 14 day rule?.
Or can they come at me from another angle?.
Any input would be welcome.
John
Catweazle
What was the date on the NIP? Assuming 4 Feb get them to return the NIP on 29 Feb naming you as driver. It would be with the scammers on Monday 3 March and even if they turn it round same day and send a NIP out to you, you won't have to reply until 28 March - one day after the 6 month time-out for the speeding offence smile.gif
mob
If the company reply at the last minute naming you, then you reply at the last minute naming yourself it will have all timed out anyway.

That might be an easier way of dealing with it than arguing about the 14 day rule. The scammers are bound to claim the DVLA records where wrong or give some other excuse.
nemo
QUOTE (Catweazle @ Fri, 8 Feb 2008 - 13:32) *
What was the date on the NIP? Assuming 4 Feb get them to return the NIP on 29 Feb naming you as driver.

Not wishing to appear pedantic, but s.172 RTA 1988 requires that the information is supplied within 28 days of service of the request - the date of service being the date upon which the request was received (06.02.2008, in this case)..

Regardless, taking full advantage of the permitted reponse times to bring about a natural 'timeout' is clearly the way forward..

Liuba - can you persuade the company to delay their nomination of you until the start of March ?
liuba
Well thanks for the info I never thought of the six month rule and delaying the replies but the company have sent the NIP back anyway. I will have to look at the dates but guess some of you have done that already?
I cant see to much of an argument about the 14 day rule its ether 14days or its not. I think that 4.5 months is nothing close to the 14 day rule.
What other way could they come at me.
John

mob
There is a very strong possibility that they will send a COFP which, if ignored, would also guarantee a time out.
liuba
Hi Mob

COFP ?
saracengb
Looks like a timeout is on the cards and obviously the most straightforward way to do this.

However (for my own edification) - if the NIP sent to the company on 6th Feb was the first one - then surely it's invalid as it's clearly outside the 14 day period.

Company have been the RK since 2006 so there can't be any logical reason why the NIP was so late - or can there?
mob
QUOTE (liuba @ Fri, 8 Feb 2008 - 14:08) *
Hi Mob

COFP ?


Conditional Offer of Fixed Penalty. Basically it's an offer to purchase 3 points for a measly £60 rather than go to court. Handily they give you 28 days to make your mind up.

It might be worth while questioning the lateness of the NIP but rember that you are still obliged to name the driver even if the NIP is late.
liuba
Hi Mob.
Thanks for the info.
Until I can get my head around how I stand with the late issue of the NIP there is no way I will pay any money. We as citizens have to stand by the rules laid down, and if the powers that be can not live by the rules they lay down and enforce. Well they will find I will not lie down and roll over. I do like to fight the system even to my own detriment as I have in the past and regretted it later.


I feel I must add that I am 57 and not willing to give way to any crap.

If the NIP was in order I would give way and put my hands up. I cock up I have to pay they cock up I still have to pay I don’t think so.

John

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