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Speeding fine -Late NIP

My wife was flashed driving in her car on the 1st Oct 15, she received the Notice of intended prosecution on 14th Nov 15, this was dated 13th Nov 15. Speed was 36 in a 30! This was the first she heard from this. Due to it being out of the 14 day rule she wrote a letter stating that it was outside of the 14 days, but confirming she was the registered keeper and driving at the time. The authority has now replied stating that there was an NIP sent before, but we have never received it or a reminder. My question is should the NIP that we received have been marked Reminder or something like that if this was the second one sent? The date on the NIP states the date of offence and then the date of the NIP 43 days apart.
The authority have said because they sent a NIP within the 14 days she has to pay the fine? Would they have to prove that this has actually been sent?
Help appreciated 😁
«1345

Comments

  • She is guilty but the 14 day rule is the law, they are saying they sent a nip within 14 days, we are saying they didn't, if the one we received 43 days later was the second one then surely they have a copy of the first one? Or the second one should be marked as a reminder or something like that?
  • soolin
    soolin Posts: 74,431 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    She is guilty but the 14 day rule is the law, they are saying they sent a nip within 14 days, we are saying they didn't, if the one we received 43 days later was the second one then surely they have a copy of the first one? Or the second one should be marked as a reminder or something like that?

    You can't just ignore this. The best place to ask is here

    http://forums.pepipoo.com
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • No legal requirement to mark it so. Either fold and pay or go not guilty. However if they can prove they posted one she's !!!!ed.

    Should we ask for proof of the original one posted then? The date on the NIP is what is perplexing me, it clearly shows the date between offence and date of NIP as 43 days difference, if the second one sent surely that should have the same date as the original copy?
  • soolin
    soolin Posts: 74,431 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Should we ask for proof of the original one posted then? The date on the NIP is what is perplexing me, it clearly shows the date between offence and date of NIP as 43 days difference, if the second one sent surely that should have the same date as the original copy?

    See post 4
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • Minrich
    Minrich Posts: 635 Forumite
    Seventh Anniversary 500 Posts Combo Breaker
    Forces don't send reminder NIP's !
  • Minrich wrote: »
    Forces don't send reminder NIP's !
    Some do, some don't.
  • facade
    facade Posts: 7,734 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It is a reminder, you can tell from the date.
    They will have proof they sent the original, so respond to the s172 request.

    If she does, she may get the offer of a course, if she doesn't she will be prosecuted for failing to name the driver, which is 6 points and a huge fine.

    In any case, an s172 "name the driver" must be responded to and signed, there is no 14 day rule for the s172 part.
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science ;))
  • facade wrote: »
    It is a reminder, you can tell from the date.
    They will have proof they sent the original, so respond to the s172 request.

    If she does, she may get the offer of a course, if she doesn't she will be prosecuted for failing to name the driver, which is 6 points and a huge fine.

    In any case, an s172 "name the driver" must be responded to and signed, there is no 14 day rule for the s172 part.

    How is it a reminder? The date surely should be within 14 days of the offence? If they have proof of sending original then can I ask for it? What baffles me is we have had the NIP and the letter the next day after they were sent but the original NIP gets lost in the post?
  • Paradigm
    Paradigm Posts: 3,662 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    How long has the car been registered to you? Have you recently moved house?
    Always try to be at least half the person your dog thinks you are!
  • How is it a reminder? The date surely should be within 14 days of the offence? If they have proof of sending original then can I ask for it? What baffles me is we have had the NIP and the letter the next day after they were sent but the original NIP gets lost in the post?

    Why would they give it to you?
    Get your wife to call then up and speak to someone. She may get a course but she must return the 172 regardless of whether it's a reminder or not.
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