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Full Version: [NIP Wizard] 14 day rule. How long does the driver have?
FightBack Forums > Queries > Speeding and other Criminal Offences
jacktheladfrost
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2009
Date of the NIP: - 47 days after the offence
Date you received the NIP: - 49 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A5103 Princess Parkway, Manchester
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Not known
If your are not the Registered Keeper, what is your relationship to the vehicle? - Van is leased by the company that I work for.
How many current points do you have? - 3
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 was leaving Manchester along the A5103 which at that point is a dual carrigeway with a signed speed restriction of 40mph. As I passed the turn off for the M60 I excellerated to 52mph and was caught by a mobile camera underneath the M60. The A5103 then becomes the M56 which has an initial speed limit of 50mph.

I know that that registered keeper should be informed within 14 days but how soon should I as the driver be informed? I received the NIP 49 days after the offence.


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)? - No
Is the NIP addressed to you personally? - Yes
Although you are not the Registered Keeper, were you the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - No
As you were not responsible for the vehicle, somebody else has named you as the driver. Were you driving? - Yes
Which country did the alleged offence take place in? - England

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • The law requires you to provide the information requested in the Section 172 notice within the 28 day period, naming yourself as the driver. If you are considering obtaining formal legal advice, do so before returning the notice.

    You should note that there is nothing to be gained by responding any earlier than you have to at any stage of the process. You are likely to receive a Conditional Offer of a Fixed Penalty (COFP) and further reminder(s). If you want to continue the fight, you should ignore all correspondence from the police until you receive a summons. You need to understand from the outset that while you will receive much help and support from members on the forums, you will need to put time and effort into fighting your case and ultimately be prepared to stand up in court to defend yourself.

Generated by the PePiPoo NIP Wizard v3.3.2: Wed, 21 Oct 2009 17:41:30 +0100
BaggieBoy
The 14 day rule applies only to the first NIP to the RK. There are no other time limts (apart from the 6 months to prosecute the offence) for subsequent NIPs.
jacktheladfrost
So I have no choice but to fill in the form and send it off?

Ok thanks. (bugger!)
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