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onlyme
Hi,

I recieved a NIP on 05/10/04 for speeding on 10/7/04 which is 87 days after the offence. I transferred the regestration of the car 16 days previous to the offence (23/06/04).
I obviously recieved the NIP in excess of the 14 limit, but could this be due the police having old data? If so what is a resonable period for the 'slip clause'. I can't believe it takes 93 days for the police to get the regetered owner information.
What should I do next? Any advice would be greatly appreciated.

Thanks in advance,
Tom
Tamara-D
A good place to start would be the Frequently Asked Questions section and in particular the Notice of Intended Prosecution (NIP) post. icon_wink.gif
jeffreyarcher
QUOTE (onlyme)
I obviously recieved the NIP in excess of the 14 limit, but could this be due the police having old data? If so what is a resonable period for the 'slip clause'. I can't believe it takes 93 days for the police to get the regetered owner information.

This is nothing to do with the 'slip rule'; it is not a mistake.
The police having old data is not an excuse, however, it is the person who is registered as the keeper at the time of the offence, to whom they must send the NIP.
If the DVLA records have not been updated, that is an excuse.
However, they must then have sent the NIP to the previous keeper (who was still on the records) within the 14 days.
You will have to contact the DVLA, to ascertain when the records were updated. Merely using the date on the V5 is not sufficient, AIUI, these can be entered retrospectively.
As to the 93 days, there is no ongoing requirement for the police to show reasonable diligence (Section 2.-(3)(a)). I.e., once they have failed to meet the 14 days (but shown reasonable diligence), they can say, "Sod it," and try again in five months.
Notwithstanding the above, if the previous keeper was still on the DVLA records, and they sent him a NIP within the 14 days, reasonable diligence doesn't come into it, they have complied, full stop.
Subsequent NIPs in the chain do not have a time limit (other than the six months limit on the prosecution itself).
DW190
The date of any change of keeper or vehicle information can be done retrospectively but the date of reference, the date any changes/data were actually entered cannot.

The old Reg Docs. It is down the right hand side and the New Docs it is at the foot of the first inside page "Date of Reference".
Patch
OK so lets see what this means to you

you've got an NIP on 5/10 so you have 28 days to respond (use them) therefore your response will be received by them on 2/11, They will then issue with a fixed penalty which you will recieve arount 14 days later so roughly 16th Nov and you will have 28 days to respond ignore the offer and you'll likely get a reminder offering another 14 days by which time you'll be upto 28/Dec and when you dont reply they will all be on holiday until 5th January when they will try and lodge papers.

By my estimation there is no way that they will meet the 6 month deadline. If they do plead guilty and pay easy
Bob_Sprocket
Hi Patch,

Why are you assuming that he will get a fixed penalty offer. If the excess speed is significant he will not and having scanned the thread I can't see a reference to the speed.

If the excess speed is within the margin which will lead to a COoFP then I think that if he is going to try to time the thing out he needs to find some way to delay things a bit. The rational for 14 days is that after this time it would be unreasonable for plod to expect someone to remember who was driving but they are allowed an extension if they have a good excuse like in this case. That does not detract from the fact that identification so long after the event is much more difficult and I wonder if this could be strung out by requesting help in identifying the driver at the time.

If he did go down the unsure of driver route then surely the delay in issuing the NIP would count in his favour if he then went on to show due diligence in attempting to make an identification.

Best wishes

Bob
Patch
Fair point
onlyme
Thanks to eveybody for their helpful replies.

I have checked the registration document, and the document ref. number (as DW190) pointed out contains the date 20/07/04 which is 10 days after the offence. So presumably the dvla will have given the police the previous owner. I will attempt to contact them to see whether they recieved the NIP - but the chances are they will not remember when.

If I went down the did not recieve in 14 days route, and replied to them is it possable to extend it over the 6 month limit? (and also it may get lost within the police bureaucracy).

Is my understanding of of the penalty notice correct? Once they issue the penalty notice, it must all be completed within 6 months of the offence, or is it 6 months of the issuing of the notice?

Someone mentioned about my speed the NIP quotes excessive speed in a 40mph limit, on the A406 north circular (where no-one sticks to the limit), but since it was so long ago I haven't a clue how fast I was going.
mb1rgw
Since your registration was transferred after the date of the alleged offence, I think you have to presume that the NIP was correctly served. S using the 14 day rule has little or no chance of success.

Are you sure you were driving? Is there anyone else who might have been driving that day? If so, and the photographs don't identify the driver unambiguously, you may have a para 4 defence.

Your other option is to try to string it out beyond the six months. Ask for photographs saying you can't be sure who was driving after all this time. Make clear that you would love to send back a completed NIP icon_wink.gif , but that you don't wish to risk providing false information. Often they will take their time about sending them back; or if they invite you to view the photos, drag out finding an appropriate time to do so.

Then you will have to decide whether to complete the NIP, or to use the PACE witness statement (which will possibly have been tested in court by then). Wait for your FPN, and then don't send it back.

Given how long it has taken for your NIP to arrive, there is a decent chance you can stretch it beyond 6 months.

robin
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