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eriatark
A few weeks ago I was driving back late night and a traffic light went yellow just as I was about to go through it - I had one of those moments of 'should I say or should I go now??'.. It felt right to go, but just as I got to the middle of the lights section I saw two consecutive flashes, my heart sank.

Having seen the flashes I guessed I would receive a ticket, but I have only just received a NIP in the post - The offence occurred on the 22nd April and the NIP is dated 12th May. Now I keep seeing this '14 day rule' popping up all over the place, and my NIP has an issue date that is 20 days after the offence - I physically received it 2-3 days after that.

The NIP is actually addressed to my girlfriend, since the car is a lease car, registered in her name (due to finance reasons), however the car is primarily used by me. Now I'm not sure if I can get away using the 14 day rule with the car being a lease car (i.e I'm not sure that my girlfriend is technically the registered owner.. however in insurance terms I know she is.) Also it seems that the NIP is addressed straight to her, rather than the lease company. If something had gone to the lease company first, would we not have been contacted through them?

I believe that if the police have contacted the lease company within 14 days, and then they have followed it onto me then the 14 day rule does not apply?

I don't want to try and drag out the process too much, since the letter is directed to my girlfriend, and I don't want her to get in trouble for me trying to fiddle my way out of it. However if I know we are legally safe through the 14 day thing then maybe it's worth a go.

I'm annoyed at myself for this, since I had almost made it through my first year driving with no offences, but now I might end up with 3 points for such a silly thing.. Plus, it means that if I receive anymore within a year I lose my license (since the 6 points limit in 2 years!). Anyway if anybody could shed a light on any action I can take (even if it means just taking the punishment) then please let me know what you think.

Thanks in advance!







peterguk
Only the fist NIP in the chain has to be served within 14 days, to the RK. From what you say, this will have been sent to the lease compnay, who have named your girlfriend. Subsequent NIPs are not subject to the same time constraints.

She now completes her NIP naming you as the driver, and you will receive your own NIP in the near future.

When you receive yours, post details up here and we can advise further.
kwaks
14 day rule applies to the first nip, in this case sent to the lease company. They have filled in their declaration naming your girlfriend. Now she must do the same naming you and you will recieve your own nip in due course.
eriatark
Is there any way to know for sure that the first NIP in the chain was sent on time, and if one definately got sent to the leasing company?
peterguk
QUOTE (eriatark @ Mon, 17 May 2010 - 10:19) *
Is there any way to know for sure that the first NIP in the chain was sent on time, and if one definately got sent to the leasing company?


You could call the leasing company and ask them. If they are the RK, then that is where the NIP went.
eriatark
Right, okay, thankyou for the replies. I'll let you know what happens!
eriatark
Okay.. I just rang the finance company who deals with my car lease, and I simply said 'I got flashed by a camera a few weeks ago, and I wanted to know if anything had come through to you'.

The guy on the phone took my registration, typed it into his system and he said 'nothing has come through'. He was quite clear that if I had been done, then the letter would goto them, they would report back to the police that it was the registered keeper on their system (my girlfriend in this case), and then I would receive my NIP. But it seems he had nothing on file, yet I have still received a NIP.. and that NIP is dated 20 days after the offence.

Any ideas?
andy_foster
We know that the police got your girlfriend's details from somewhere. Either she's the RK (at her home address, not c/o ACME Leasing) on the DVLA database - in which case she would have the V5C (and pigs can fly), or they got her details from the RK.

I find your phrase "the finance company who deal with [the] car lease" troubling. That seems like a long-winded way not to say lease company - albeit that the lease company might not actually be the RK - it might be owned by a finance company.
jobo
its not unknown, for them to ring up , if its getting late and get the name that way

this of course would give you a seriously good defence

point is do you trust what youve been told to the tune of a couple of hundred quid or so

which is what it will cost you if they turn up in court with the lease/ finance companies written reply ?
eriatark
Hmmmm... Well I don't see why the guy would lie, what does he have to gain from it? Then again phone operators sometimes have the tendency to make stuff up! He clearly said that they were the registered keeper and would hear first.. yet it came straight to my girlfriend it seems. We don't have the V5C thing to my knowledge and I was always under the impression that the finance company is the RK.

I'm more than willing to pay the fine.. it's the 3 points I would like to avoid wherever possible. It was such a rotten piece of luck that the camera got me. I'm paranoid at going through even green lights now in case they suddenly change on me!

eriatark
QUOTE (andy_foster @ Mon, 17 May 2010 - 16:32) *
I find your phrase "the finance company who deal with [the] car lease" troubling. That seems like a long-winded way not to say lease company - albeit that the lease company might not actually be the RK - it might be owned by a finance company.


Well I rang the lease company to begin with, but as I expected they said contact the finance company. Said leasing company does not deal with the money side of things, just the initial contract making etc..

It was on ringing the finance company (who technically own the vehicle) that I found nothing had been put into their system yet. I figured if I had received a NIP, the finance company must have heard something. I'm pretty sure they charge an admin fee for dealing with any offences sent their way, so surely it would be in their interest to know if they had any?
peterguk
QUOTE (eriatark @ Mon, 17 May 2010 - 19:00) *
Hmmmm... Well I don't see why the guy would lie, what does he have to gain from it?


Maybe it's not recorded on his system...? Bottom line is as said before, if your g/f is not the RK, then the leasing/finance company is. And they must have had the 1st NIP. Unless they give you the date received, in the absence of evidence of late arrival, you'll have to assume it was served on time.

QUOTE (eriatark @ Mon, 17 May 2010 - 19:00) *
I'm paranoid at going through even green lights now in case they suddenly change on me!


Don't worry, they never change "suddenly" from green to red. There is a requirement for the amber light to be lit for 3 seconds (+- 0.25 second), before lighting the red.
eriatark
Okay just got my NIP today (the other was addressed to my girlfriend). It's exactly the same as the last, only with my name on it this time wink.gif

I don't think I can contest this, so shall I just bite the bullet and send it back with my details filled in?
Logician
Looks like bullet biting time.
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