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**Ignore-posted in error***
skiboy1
Posts: 21 Forumite
Wrong forum-sorry!
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Comments
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Yes but where did you park the car?0
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Hi-it was a speeding offence-no parked car.0
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You are on the parking forum!0
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The issue of an out-of-time NIP is, for the moment, of secondary concern and I'll come back to it.Hi all. Received a speeding NIP on 20/3. Offence was dated 17/2/15. Letter has date of 18/3/2015???! On checking the website & viewing the offence the NIP online says 18/2/2015 but was received by me 20/3/15-the 'hard copy' letter shows 18/3/2015? Surely this is not enforceable as received way over the 14 day period? My registered keeper details are bang up to date by the way. Any thoughts?
Edit-it also says online 'new driver nominated on 19/3/2015 !??' I've been the registered keeper at this address for years?
It is normal for a s.172 requirement to be attached to the NIP requiring you to nominate the driver at the time of the alleged offence. That requirement has a 28-day limit within which you must furnish the police the details they require. Whether the NIP it is attached to is flawed or not is irrelevant to the validity of the requirement. Failing to respond appropriately will render you liable to a stiff fine (£350-500 or even higher is routine) and a mandatory imposition of 6 points.
The endorsement code (MS90) is particularly unpopular with insurers so you could expect a significant uplift in premiums as a minimum. Some insurers have revoked policies, when notified, and others have refused to offer cover to motorists who carry that endorsement.
The advice therefore has to be to ensure you provide the driver's details. If if was you then you should answer truthfully. Equivocation will be interpreted as a failure to furnish and many forces will not offer a second chance but merely issue a summons.
The law requires that a NIP is given either verbally at the time of an alleged offence (there are specific offences for which it must be given) or put in writing and served on the driver or registered keeper within 14 days. If that is not done then the recipient cannot be convicted - but that is not to say that he might not be summonsed to court. The 14-day limit applies to only the first NIP. No subsequent NIP is so constrained.
The sequence of dates given follows no logic that I can see through but the implication is that the NIP you have received is not the first in the sequence and from that point of view the 14-day limit may be irrelevant. I would suggest that you do not second-guess the situation and supply the information required within the time limit. Attaching a letter to the completed form supplied pointing out the date issue would be sensible.
You RK details may be up to date but is it possible that the vehicle record was updated at the time of the alleged offence or immediately afterwards? Are you sure that the NIP relates to your vehicle? Could a partner/friend/colleague have been stopped whilst using it and given their name but are now claiming (resulting in the issue of the NIP/s.172 to you) that you were driving? Only you will know the circumstances and that is not disclosed in your post.
HTHMy very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016).
For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com0
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