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Full Version: NIP received after 14 days, delay due to their error, still able to prosecute?
FightBack Forums > Queries > Speeding and other Criminal Offences
Superhans
Hello,
Firstly I have read this thread is some detail: http://forums.pepipoo.com/index.php?showtopic=87

My situtation is similar:
  • I was doing 41 in a 30 zone.
  • Offence date: 26/02/2014.
  • NIP letter date: 28/03/2014.
  • I was the driver, it's my car and has been registered at the DVLA for about a year.

I called the Central Ticket Office advice line. They said the delay was because the address they originally sent it to was not valid and was returned by the courier. The address they read to me was correct apart from the post code (they said the postcode they orignally got from the DVLA ended in 6BD, but mine actually ends in 6BB). I assume someone from the CTO has received the correct information from the DVLA (with correct postcode, as it is on my driving license and V5C), but typed it in wrongly on their postal system, thus causing a delay.

So, what should I do? It's beyond the 14 days and I interpret this as their error, and therefore they are not able to prosecute? Should I return the S172 with a covering letter following a similar format to the RAC letter?
Jlc
Yes, the s172 request will still be live and must be satisfied.

Any letter should not cast any doubt whatsoever on the driver nomination - not that there's any need to here.

It would be good if you had something in writing from them but you should point out the facts that a NIP was not served within the 14 days as required by section 1 RTOA 1988 and none of the 'get outs' in section 2 apply. Add that the DVLA records are all correct any that they have confirmed they incorrectly addressed the NIP and therefore the offence cannot now be prosecuted.

QUOTE (Superhans @ Wed, 2 Apr 2014 - 10:38) *
they said the postcode they orignally got from the DVLA ended in 6BD, but mine actually ends in 6BB.

You are 100% sure the record is correct at the DVLA? They seem to be attempting to 'blame' the DVLA?
mrh3369
Before sending anything check and double check that your v5c logbook has the correct address.
AFCNEAL
I find it very hard to believe delivery would be affected by one digit on the postcode. More so when the delivery was attempted by courier?...........
sgtdixie
If the DVLA gave the Police the address as recorded in their records (see below) and the Police used that address they may well be able to argue that the 14 day rule did not apply as the address at DVLA was incorrect.

The DVLA don't actually tell the Police anything; it is taken from the PNC which mirrors the DVLA database.

So if the correct address in on the PNC but they made a mistake in typing it up which led to it not being delivered then they won't have an exemption and they cannot prosecute you for speeding.

I have no idea where the courier reference comes from. They use the Royal Mail.

So this all rests on your V5C. Is the postcode correct. If it is, reply naming yourself unequivocally. Attach a separate letter stating that the address held by the DVLA was correct and that as a consequence the NIP was delivered outside the 14 day period and the Police cannot prosecute.
Jlc
QUOTE (AFCNEAL @ Wed, 2 Apr 2014 - 11:42) *
I find it very hard to believe delivery would be affected by one digit on the postcode. More so when the delivery was attempted by courier?...........

Indeed, that difference in the postcode is likely to be in the same delivery area (same street or very near). Nevertheless it wasn't served and seems to be very much in the OP's favour.
Superhans
Excellent replies, thank you all. I would double check the V5C when I get home.

QUOTE (sgtdixie @ Wed, 2 Apr 2014 - 11:45) *
I have no idea where the courier reference comes from. They use the Royal Mail.


Yes, I assumed as much. Not sure why I said courier.
Jlc
Not wishing to jump ahead they will either 'accept' the situation and take no further action or continue to issue a CoFP/SAC as normal - putting the ball back in your court.

Of course, accepting the CoFP/SAC makes the prosecution issue go away and to challenge further you would have to reject these options and see if they will issue a summons. Indeed, just need to confirm the facts to ensure a court visit is worth it.
Superhans
Well, it turns out my V5C was wrong all along (oops!). That's the cause fo the delay.

Fair cop!
Jlc
Worth checking wink.gif Get it fixed...

Respond promptly and they should offer a course to avoid the points at least...
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