How long to wait for NIP

lyniced

My husband got caught doing 82 on M4 on 15th Dec last year (1st offence in 32 years of driving). The car is register to me, so I got the letter, which I duly filled out with his details etc and returned. I photo copied it and got proof of posting and sent it on 24th Dec. Since then we've heard nothing. They said it must be returned within 30 days - as it was received on 21st Dec that's 11 days time. I know we had Christmas in between, but should I contact them or just leave it? Also, would my proof of posting be enough to prove I sent it?

Hackman_2

Just leave things be but keep your proof of postage. They have six months to deal with summary offences.

lyniced

Hackman wrote: »

Just leave things be but keep your proof of postage. They have six months to deal with summary offences.

I should have mentioned that this is a Motability car. Will that make a difference?

Hackman_2

lyniced wrote: »

I should have mentioned that this is a Motability car. Will that make a difference?

No the first nip was served within 14 days.

kingstreet

If they have received your S172 nomination;-

- next step is the issue of another S172 to your husband, then to make an offer of a speed awareness course or conditional offer of fixed penalty, £60 and 3 points.

If they have sent out the S172 to him and do not get a reply, a summons for a S172 "failing to name driver" may be the next he hears. The "information " needs to be laid before magistrates within 28 days + six months of the date the request would have been served on him. This is presumed to be two working days after posting, based on first class mail.

If they have not received your nomination form, you could expect a summons for "failing to name", based on the same timescale. The offence would actually be deemed committed 28 days from the point the original NIP/S172 was served on you.

You may wish to consider posting over here for comprehensive guidance;-

http://forums.pepipoo.com/index.php?showforum=5

lyniced

Hackman wrote: »

No the first nip was served within 14 days.

Ok, thanks for that. So, just sit and wait!

lyniced

kingstreet wrote: »

If they have received your S172 nomination;-

- next step is the issue of another S172 to your husband, then to make an offer of a speed awareness course or conditional offer of fixed penalty, £60 and 3 points.

If they have sent out the S172 to him and do not get a reply, a summons for a S172 "failing to name driver" may be the next he hears. The "information " needs to be laid before magistrates within 28 days + six months of the date the request would have been served on him. This is presumed to be two working days after posting, based on first class mail.

If they have not received your nomination form, you could expect a summons for "failing to name", based on the same timescale. The offence would actually be deemed committed 28 days from the point the original NIP/S172 was served on you.

You may wish to consider posting over here for comprehensive guidance;-

http://forums.pepipoo.com/index.php?showforum=5

But I have sent form back, and I know my husband will reply as soon as he gets his NIP, it's jut me thinking 'did they receive it?' 'What if its lost under a pile of other letters?' 'Will they.(Motability) take away my car?' I'm a bit of a worrier and have ALWAYS been law-abiding, and I know this is relatively minor, but it's starting niggle!

kingstreet

You have two choices;-

- contact them and tell them you returned your S172 and your husband has heard nothing yet (although they may simply have loads to do and have not got round to it yet) losing the chance of the matter being forgotten about

or

- sit on your hands and do nothing, hoping you, and he, hear nothing more as they already have loads to do and one 82 in a 70 is small fry to them. If it has gone astray, having to defend a S172 failing to name driver charge, if it ever gets that far.

Motability has nothing to do with it.

By the way, you said 82. Was it 82 in a 70? It wasn't the Toll Plaza or another point with a reduced limit, was it?

lyniced

kingstreet wrote: »

You have two choices;-

- contact them and tell them you returned your S172 and your husband has heard nothing yet (although they may simply have loads to do and have not got round to it yet) losing the chance of the matter being forgotten about

or

- sit on your hands and do nothing, hoping you, and he, hear nothing more as they already have loads to do and one 82 in a 70 is small fry to them. If it has gone astray, having to defend a S172 failing to name driver charge, if it ever gets that far.

Motability has nothing to do with it.

By the way, you said 82. Was it 82 in a 70? It wasn't the Toll Plaza or another point with a reduced limit, was it?

Letter for husband has just arrived. Haven't opened it, as he's at work. Yes, it was 82 in a 70. He believes it was a stationary police van on the bridge on the M4 into Swansea

Lum

If they don't receive it, which is unlikely, then in a worst case scenario then they may attempt to prosecute you under Section 172 of the Road Traffic Act for failure to furnish documentation when requested.

If this happens, your defence is Section 7 of the Interpretation Act 1978

Interpretation_Act_1978 wrote:

References to service by post.

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

Note that the obligation is on them to prove that you did not post it. you do not have to prove that you posted it, though if you do have proof of postage then that is very helpful.

This is the same act that they use to prosecute people who never received the NIP at all. It works both ways, and in this case it works in your favour.

lyniced

Lum wrote: »

If they don't receive it, which is unlikely, then in a worst case scenario then they may attempt to prosecute you under Section 172 of the Road Traffic Act for failure to furnish documentation when requested.

If this happens, your defence is Section 7 of the Interpretation Act 1978


Note that the obligation is on them to prove that you did not post it. you do not have to prove that you posted it, though if you do have proof of postage then that is very helpful.

This is the same act that they use to prosecute people who never received the NIP at all. It works both ways, and in this case it works in your favour.

Thanks, but have just received it (well hubby has) but haven't opened yet, as he's at work