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Full Version: 14 day NIP rule and reasonablw diligence
FightBack Forums > Queries > Speeding and other Criminal Offences
notdunyet
:? I received a NiP on 29/09/04 for an alleged speeding offence on 13/09/04. The NiP was dated and the envelope franked 28/09/04, some 15 days after the alleged offence (14 days ignoring the date of the alleged offence).

Whilst this clearly appears to be outside the '14 day period' for issuing the NiP in time for it to get to me within 14 days by normal 1st class post, the issue of 'reasonable and diligent steps obtain details of the registered keeper from DVLA' also comes into play in my case. I bought the car new on the 1st September (54 Reg) and my registration document from DVLA is dated the 16th September and the envelope is franked as being posted to me on the same day.

From reading your excellent site I understand that the DVLA provide the details of registered keepers to the police, in the form of tapes, which they load on to the PNC – Police National Computer. The PNC is then used to provide the details for the issuing of NIPs etc.

Given the dates involved, and even allowing for the transfer of data from the DVLA to the PNC, I would have thought that the information could reasonably be expected to have been available to the police in good time for them to issue the notice within the period?

Can anyone tell me of their experience in a similar case, or what the timescales for the PNC computer being updated are? I need advice on how to proceed.
Mika
Have you considered sending the letter suggested by the RAC’s legal team and waiting to see what response you get? icon_idea.gif
notdunyet
Thanks. Yes from reading the site that's what I intend to do. I was just wondering if anyone had any info on the transfer times from the DVLA to the PNC so I had some idea of how long it normally took. Having sent the letter I gather that I still have to return the NiP within the 28 days even if correspondence is continuing?
Mika
Have you considered returning the NIP with the words: “PLEASE SEE ATTACHED WITNESS STATEMENT” on it? icon_idea.gif

Or, a polite one of these...... icon_wink.gif
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