busman
Fri, 25 Feb 2011 - 22:48
I have been trying to help a colleague at work who received a N.I.P. on 10th February 2011.The N.I.P. is dated 09th feb.The envelope was franked 10th feb.The driver said that was the first he knew of a N.I.P..The offence is alleged to have occured on 09th Jan.2011.I drafted a letter for him for the police saying that Section 1 of the Road Traffic Act 1988 states that a N.I.P. must be delivered or received no later than 14 days after the alleged offence.The letter was sent off, and a reply sent alleging that the original N.I.P. was sent out on the 10th Jan. the day after the alleged offence took place.The colleague is adament that he never received a N.I.P. until this one arrived on 10th Feb.How come he never received the original, yet he received one on the 10th Feb, and he also received the reply to the letter sent.Seems strange that the original N.I.P. would not turn up.Any help with this will be greatly appreciated.The reply letter from the police is not dated.
peterguk
Fri, 25 Feb 2011 - 22:53
The only way you'll find out for sure when the first NIP was sent is to plead not guilty. He can, if he chooses, consider fighting the alleged offence on the basis no NIP was received within 14 days, but it is very difficult proving a negative in court else everyone would be doing it.
Since the 2nd NIP contains a valid request under S.172, your friend needs to complete and return it within 28 days regardless of non-receipt of 1st NIP.
What is the alleged offence?
Pancras
Fri, 25 Feb 2011 - 23:30
Is your friend the registered keeper of the vehicle, or is the vehicle a company car, or registered to a 3rd party (like motorbility or a leasing company)?
The 14 day requirement only exists in respect of the first NIP sent to the registered keeper, and not to subsequent ones.
busman
Fri, 25 Feb 2011 - 23:41
The car is registered to the colleague.It is his own vehicle and has been since may 2010.He has also been living at his current address long before he had the car
Pancras
Sat, 26 Feb 2011 - 08:27
OK well your friend must now respond to the new NIP regardless as to whether or not the old one was received.
Your friend will then have to await events and see what happens. Depending on the alleged offence he will probably be given a conditional fixed penalty offer, which will be a £60 fine and 3 points. He can either take that to play it safe, or he can gamble on going to court and arguing that the NIP was not received within 14 days.
He faces an uphill struggle with that as a defence because the police will have documentary evidence of posting it, and it will be assumed to have been received two working days later unless your friend can disprove it. If this wasn't the case, then everyone who got a speeding ticket would be let of with it simply by saying their post never turned up.
If your friend goes to court and is found guilty of speeding then the fine will increase, the points could increase, there will be court costs and a victim surcharge.
If your friend is summonsed for failing to furnish driver details (s.172 RTA) then that's a different ball game.
Perhaps your friend would like to post here directly rather than getting advice via a 3rd party - stops a 'Chinese whispers' situation from happening...
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