speeding NIP dated 2 months after offence

Stefan2812

Hi

I have received a NIP for a speeding offence that happened 3 months ago - Can I contest this?

I have just received (24th February 2014) a NIP for a speeding offence that took place on 26th November 2013.

I understand that I should receive this notice within 14 days of the offence or it will become time barred; however there are certain circumstances and I'm not sure if the time barred rule comes into it.

I purchased the car in September 2013, but did not recieve my V5 (log book). It would appear that the previous keeper did not send off the change of owner slip. In December 2013 I applied for a V5 myself as I still had not received one from the DVLA, this arrived at the end of December 2013 dated 24th December 2013.

Becuause the change of keeper form was not filled out (by the previous owner) I beleive the previous keeper would have received the original NIP, hence the delay in me receiving it which I think the Police may well argue. However the DVLA records state that my details were changed over on 24th Devember 2013, some two months ago, so it has still taken the police 2 months to confirm my details with the DVLA and send me the NIP.

On top of this the alleged offence took place on the M1 Motorway, apparently I was doing 52 MPH and there was a varaiable speed limit in place at the time of 40 MPH.
How can I possibly think back 3 months to remeber if the variable speed limit was clearly marked etc.

Do I have a reasonable case to argue against this?

fivetide

I'd ask over on pepipoo.

spacey2012

The police will use Reasonable diligence argument as the vehicle was not correctly registered.
This gives six months to re-serve the NIP to the driver.

The 14 day rule is only if you are the correct registered keeper.


If these are overhead gantrys many are using the "wrong font" type as a defence which has worked so far.
Something you may wish to investigate.

http://www.bbc.co.uk/news/uk-21719322

http://www.dailymail.co.uk/news/article-2290653/Thousands-drivers-let-speeding-fines-variable-limit-motorway-sign-blunder.html

AdrianC

Stefan2812 wrote: »

I have just received (24th February 2014) a NIP for a speeding offence that took place on 26th November 2013.

I understand that I should receive this notice within 14 days of the offence or it will become time barred; however there are certain circumstances and I'm not sure if the time barred rule comes into it.

I purchased the car in September 2013, but did not recieve my V5 (log book). It would appear that the previous keeper did not send off the change of owner slip. In December 2013 I applied for a V5 myself as I still had not received one from the DVLA, this arrived at the end of December 2013 dated 24th December 2013.

So - given that DVLA didn't even know you had the car within those 14 days of 26th November - how, exactly, do you think the NIP would reach you in that period? Psychic abilities...?

The NIP has to be sent to the registered keeper at the time of the offence within 14 days. After that, it's entirely down to how long that registered keeper takes to respond to them.

Do I have a reasonable case to argue against this?

No.

Hintza

If it was me I would still at least try and argue it , might do no good but worth a shot.

Stefan2812

AdrianC wrote: »

So - given that DVLA didn't even know you had the car within those 14 days of 26th November - how, exactly, do you think the NIP would reach you in that period? Psychic abilities...?

The NIP has to be sent to the registered keeper at the time of the offence within 14 days. After that, it's entirely down to how long that registered keeper takes to respond to them.



No.

Have you actually read the question? I am not talking about the initial 14 days, I am talking about the 2 months from 24th December when the DVLA DID know that I had the car!

spacey2012

Did you read they have six months to prosecute you ?

Reasonable diligence gives them six months if the VC5 was incorrect at time of offence..
They are well within the time they have.

TadleyBaggie

Hintza wrote: »

If it was me I would still at least try and argue it , might do no good but worth a shot.

Maybe not, doing this may see the case go to straight to a summons and lose the chance of a fixed penalty or course. Whatever happens the driver must be named within 28 days.

TadleyBaggie

Stefan2812 wrote: »

Have you actually read the question? I am not talking about the initial 14 days, I am talking about the 2 months from 24th December when the DVLA DID know that I had the car!

Which is irrelevent, the 14 day limit only applied to the first NIP to the known RK at the time of the incident.

Stefan2812

TadleyBaggie wrote: »

Which is irrelevent, the 14 day limit only applied to the first NIP to the known RK at the time of the incident.

The NIP that I have received doesn't say re-issue, duplicate, second notice or anything. It just says Notice of intended prosecution, Date 24 February 2014, dated of alleged offence 26th November 2013.
It's hardly my fault that the previous keeper didn't send the change of owner to the DVLA.
I know I'm clutching at straws here so will more than likely have to bite the bullet and take my punishment

Mark_Mark

Stefan2812 wrote: »

The NIP that I have received doesn't say re-issue, duplicate, second notice or anything. It just says Notice of intended prosecution, Date 24 February 2014, dated of alleged offence 26th November 2013.
It's hardly my fault that the previous keeper didn't send the change of owner to the DVLA.
I know I'm clutching at straws here so will more than likely have to bite the bullet and take my punishment

You buy a new car and are not bothered by the fact you never received the log book for two months?