Help - Search - Members - Calendar
Full Version: Hire Car NIP
FightBack Forums > Queries > Speeding and other Criminal Offences
Barry90876
Hello All,


Just set things out I have 9 points.

I have received an NIP for speed of 55mph in a 40mph at the notorious spot on the M6 Southbound between junctions 10a and 10. According to the NIP the offence was committed on the 20/02/2013. The NIP sent to me is dated the 22/04/2013, received on the 24/04/2013.

Can the 14 day rule be in effect here? The car is a hire car paid for and arranged by the company I work for. I plan to contact the hire company to see if and when they received an NIP/name driver for the offence.

Also, the letter arrived at my part time address, the hire car was originally delivered there and my employer has that address for me. However, the address on my driving license is that of my original address.



I would like to thank you all in advance for any help or guidance you might have.
mrh3369
No, only the first nip ( which will go to the registered keeper ) needs to be within the 14 days.
AFCNEAL
The 14 rule only applies to the first notice which goes to the RK - most likely either the hire company or even a leasing company before them. They do get it wrong sometimes, but it's rare for one to be issued late. The subsequent delays due to addresses are not relevant to the 14 days.

Don't understand your last comment about addresses -you now have the NIP?
Jlc
QUOTE (Barry90876 @ Sat, 27 Apr 2013 - 11:55) *
Just set things out I have 9 points.

Check the offence dates - for a totting ban is 12 points within 3 years.

QUOTE (Barry90876 @ Sat, 27 Apr 2013 - 11:55) *
I have received an NIP for speed of 55mph in a 40mph at the notorious spot on the M6 Southbound between junctions 10a and 10. According to the NIP the offence was committed on the 20/02/2013. The NIP sent to me is dated the 22/04/2013, received on the 24/04/2013.

Unfortunately too fast for an awareness course to avoid the points. If they offer you a CoFP you won't be able to accept it - the offence will have to be dealt with at court. A totting ban is for 6 months unless you can plea exceptional hardship -usually focusing on the effect on others.
Barry90876
QUOTE (AFCNEAL @ Sat, 27 Apr 2013 - 11:58) *
The 14 rule only applies to the first notice which goes to the RK - most likely either the hire company or even a leasing company before them. They do get it wrong sometimes, but it's rare for one to be issued late. The subsequent delays due to addresses are not relevant to the 14 days.

Don't understand your last comment about addresses -you now have the NIP?



Thank you for the prompt replies!

The NIP arrived at my girlfriend's house, because the hire car was originally delivered there I expect and my employer have that as my address. My main address, ie the one on my driving license is different to this.

mrh3369
You have the NIP that's the thing that matters, if you were thinking of pretending you hadn't received it then you would be opening yourself up to a whole load of offences that lead directly to jail so don't bother as its not worth it.
Barry90876
Thank you for the replies.

Just to clarify, I do roughly 35k for a year, drive a lot for work. I already have 9 points and now this. You guys really know your stuff, what would be your advice please, feel free to message me if your prefer???


Jlc
QUOTE (Barry90876 @ Sun, 28 Apr 2013 - 17:48) *
Just to clarify, I do roughly 35k for a year, drive a lot for work. I already have 9 points and now this. You guys really know your stuff, what would be your advice please, feel free to message me if your prefer???

Start working on your exceptional hardship plea. For example, how would your company cope without you driving (possibly for 6 months) - is public transport an option? Could someone else drive?
kommando
And its not the hardship you will endure but other peoples hardship.
southpaw82
QUOTE (kommando @ Sun, 28 Apr 2013 - 18:01) *
And its not the hardship you will endure but other peoples hardship.


Or rather, hardship on others carries more weight than hardship on yourself.
Ms Demeanor
You have to attend court and give evidence on oath about your hardship grounds. Support your argument with documentary evidence wherever possible.

You can only argue hardhsip once in any three year period on the same grounds. If you can cope with a couple of weeks off it maybe better to try and establish exceptional hardship but then get a reduced totting ban - whic effectively wipes the sale clean. You would then be able to drive with a a degree of peace of mind. If you avoid a ban altogether you will be driving around with 12 points and you won't be able to relax until you get back down to 6.....

Achieving this take a degree of skillful adocacy and you have to be careful not to make the court feel manipulated...
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.