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Should come to the registered keeper not Motability (mine did!) 🙂 took just over a week if I remember correctly.
Please excuse spelling/typos. Apart from being a clot it turns out I had one on my cerebellum that's now causing various problems!
NIP will come to you, the registered keeper and within 14 days for it to be valid and the case dismissed, providing all your other details are correct.
Should come to the registered keeper not Motability (mine did!)
took just over a week if I remember correctly.Thanks, so what if there is another named driver at the same address?
Many thanks mb
NIP will come to you, the registered keeper and within 14 days for it to be valid and the case dismissed, providing all your other details are correct.
Thanks
Even if the NIP arrives more than 14 days after the offence, it’s still valid as long as the date when it was issued was no more than 14 days. It will give you an opportunity to say if someone else was driving. Fingers crossed you won’t get one. Quite a few times I’ve been convinced I’ve been ‘nabbed’, including cameras flashing, but luckily nothing ever came.
Even if the NIP arrives more than 14 days after the offence, it’s still valid as long as the date when it was issued was no more than 14 days. It will give you an opportunity to say if someone else was driving. Fingers crossed you won’t get one. Quite a few times I’ve been convinced I’ve been ‘nabbed’, including cameras flashing, but luckily nothing ever came.
Thanks for the info
The 14-day rule set out in Section 1 of the Road Traffic Offenders Act 1998 legally requires that a notice of intended prosecution (NIP) and Section 172 notice must be served on the registered keeper of the vehicle caught speeding within 14 days after the alleged offence and the sec 172 notice must be returned withing 28 days. Also the NIP is deemed to have been served 2 days after posting, meaning they would expected RM to have delivered it within 2 days.
@kezo The difficulty is that you’d have to prove that you didn’t receive it in time, or everyone would use that excuse. Do they use recorded delivery now? Thankfully I haven’t had one for decades 😇😂
@kezo The difficulty is that you’d have to prove that you didn’t receive it in time, or everyone would use that excuse. Do they use recorded delivery now? Thankfully I haven’t had one for decades
No it’s posted as normal mail, as far as I remember and providing everything is in order from the registered keeps side i.e the keeper has promptly updated v5c details on change of vehicle, the 14 day rule stands, but there are many to why it doesn’t, reason of which can be refered to online.
@kezo Out of interest, where did you read the bit about post not being allowed to run more than 2 days over the 14 days? I’ve read both the links you provided and neither of them differ from my understanding of the law, that being that the NIP should be served to the registered keeper within 14 days of the offence. I know that when Magistrates are ploughing through speeding fines as part of the single justice procedure, ‘good service’ is deemed to be as long as the date of issue of the NIP is within 14 days of the offence.
The 14-day rule set out in Section 1 of the Road Traffic Offenders Act 1998 legally requires that a notice of intended prosecution (NIP) and Section 172 notice must be served on the registered keeper of the vehicle caught speeding within 14 days after the alleged offence
I think you may have misunderstood the 2 day part.
What is a Notice of Intended Prosecution? (NIP)
An NIP is a written notice served by the Police upon the registered keeper of a motor vehicle stating that it is proposed to take criminal proceedings in relation to one or more road traffic offences committed by the driver of that vehicle.The NIP legally requires the registered keeper of the vehicle to identify the driver of the vehicle in question by responding to the notice within 28 days of its receipt. This date is deemed to be 2 working days after the NIP was posted to the keeper.
The requirement of the NIP is that the registered keeper must identify the driver. You only fulfil your legal obligation when you; either identify that you were the driver, or nominate another person as the driver. You must complete the ‘return part’ of the form by providing all the information within your knowledge and then you must ensure that you sign, date and post the notice back to the police.
https://www.mosshaselhurst.co.uk/site/home/what-is-a-notice-of-intended-prosecution-nip
The 14-day rule set out in Section 1 of the Road Traffic Offenders Act 1998 legally requires that a notice of intended prosecution (NIP) and Section 172 notice must be served on the registered keeper of the vehicle caught speeding within 14 days after the alleged offence
I think you may have misunderstood the 2 day part. What is a Notice of Intended Prosecution? (NIP) An NIP is a written notice served by the Police upon the registered keeper of a motor vehicle stating that it is proposed to take criminal proceedings in relation to one or more road traffic offences committed by the driver of that vehicle. The NIP legally requires the registered keeper of the vehicle to identify the driver of the vehicle in question by responding to the notice within 28 days of its receipt. This date is deemed to be 2 working days after the NIP was posted to the keeper. The requirement of the NIP is that the registered keeper must identify the driver. You only fulfil your legal obligation when you; either identify that you were the driver, or nominate another person as the driver. You must complete the ‘return part’ of the form by providing all the information within your knowledge and then you must ensure that you sign, date and post the notice back to the police. https://www.mosshaselhurst.co.uk/site/home/what-is-a-notice-of-intended-prosecution-nip
Ah, yes. I misunderstood what you meant. Apologies. The 2 days only refers to the 28 days for the registered keeper to notify that the driver was not the registered keeper, hence why magistrates will allow 30 days from date of service (the date the NIP was issued, not received). The NIP itself is deemed good service as long as the date of issue (not actual receipt) is within 14 days of the offence. All in keeping with my understanding of the law. Panic over 😂
Ah, yes. I misunderstood what you meant. Apologies. The 2 days only refers to the 28 days for the registered keeper to notify that the driver was not the registered keeper, hence why magistrates will allow 30 days from date of service (the date the NIP was issued, not received). The NIP itself is deemed good service as long as the date of issue (not actual receipt) is within 14 days of the offence. All in keeping with my understanding of the law. Panic over
The NIP is deemed to have been served 2 days after postage, if your lucky enough receive it on the 2nd day, you have a further 28 days (30 in total) in which you must have returned sec 172 with the drivers details on.
The NIP must be served (received) by the registered keeper within 14 days of the offence, often known as the 14 day rule for speeding offences (see Gov link). This timeframe does not count if the registered keeper hasn’t promptly updated change of address to the DVLA and it went to their old address for example.
The post where we live seems to take an age to arrive, even first class post! Unfortunately, receipt of the NIP after 14 days is not an automatic defence. The Police will argue ‘rebuttable presumption of service’, meaning that the NIP was issued in good time to meet the 14 day rule under reasonable or normal circumstances. This is why the date that the NIP was issued is so critical. You absolutely can challenge a NIP that arrives out of time, but in order to do so you have to be able to prove that it arrived when it did, which is nigh on impossible when they are sent via normal post (as opposed to recorded delivery etc). Challenging it in court could be a costly error. If, however, the NIP is dated say 15 days or more after the offence, then clearly the presumption of service would fall in your favour, as it would have been impossible for you to have been served it within time, and the date on the NIP is your proof. Their systems should really prevent this from happening but, if it didn’t, you should be able to challenge the Police directly and they should withdraw it without the need to challenge it in court. Let’s hope that this is all cosmetic and none of us have to put all this to the test 🤞😂
The post where we live seems to take an age to arrive, even first class post! Unfortunately, receipt of the NIP after 14 days is not an automatic defence. The Police will argue ‘rebuttable presumption of service’, meaning that the NIP was issued in good time to meet the 14 day rule under reasonable or normal circumstances. This is why the date that the NIP was issued is so critical. You absolutely can challenge a NIP that arrives out of time, but in order to do so you have to be able to prove that it arrived when it did, which is nigh on impossible when they are sent via normal post (as opposed to recorded delivery etc). Challenging it in court could be a costly error. If, however, the NIP is dated say 15 days or more after the offence, then clearly the presumption of service would fall in your favour, as it would have been impossible for you to have been served it within time, and the date on the NIP is your proof. Their systems should really prevent this from happening but, if it didn’t, you should be able to challenge the Police directly and they should withdraw it without the need to challenge it in court. Let’s hope that this is all cosmetic and none of us have to put all this to the test
I have challenged a late NIP before, by enclosing a letter when returning sec 172 and have had the case dopped without going to court based on the 2 day rule being the 15th day. Regardless of any pre challenge, you must tick not guilty on sec 172, which in nearly all cases end up in court, unless the issuing force recognise their mistake. There is plenty of free advice online, but unless your 100% sure you risk a much higher fine and costs.
Also, I always request in writing an awareness course, even if it’s likely you won’t be offered one, you’d be suprised your then offered one.
You’d also have to be extremely unlucky to get a speeding fine over the Christmas period, as speeding fines are generally not issued over the period due to the 14-day rule, based on bank holidays and slow postage.
Now @kezo you’ve put some thoughts in my mind about the Xmas & New Year window. Could be a good time for some enthusiastic test drives? 😂 I had a major case of V8 BMW X5 envy the other day. On the way to see my Mum on the M5 the other day there was a lovely M50i X5 driving along at a sedate 70 mph. As if that wasn’t enough, on the way home later I was overtaking in the outside lane at around 75mph and another X5 appeared in my rear view mirror. As I pulled back into the middle lane it roared past me as though I was standing still. It was an X5M competition. Sounded amazing. At least it took my mind off the Hyundai’s bings and bings for a few seconds 😂
took just over a week if I remember correctly.
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