We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Speeding fine -Late NIP
Comments
-
I am sure they will be able to prove they posted it as people say they do not receive them all the time (I read this once in the newspaper). I am not implying that you are doing this.
This actually happened to me a few months ago. I did not receive the first letter because I recently moved house and dvla were processing my address change.
Is there an offer to attend the speed awareness course? Then you do not get the points0 -
NIPs being sent out genuinely late ( to the registered keeper) are vanishingly rare - there will have been a first one sent.
They will have proof of postage which means that it is presumed to be delivered. You can rebut that presumption, but that will require a court appearance. Just saying " it never arrived" on its own is unlikely to succeed, but much depends on your wife's credibility as a witness ( she will be the one being prosecuted). She might win but would stand a much better chance of success if you can show that you have previously reported problems with your post e.g. complaints to RM about failed deliveries etc.
If you take it to court and lose, the fine + costs will be very high. If she accepts it now, 36 in a 30 will be a Speed Awareness Course offer (assuming she hasn't done one in the last 3 years), so weigh up the risks carefully.
There is no requirement for reminders to be sent at all ( although some areas do), nor do they have to be marked as such.0 -
mattbell1975 wrote: »How is it a reminder? The date surely should be within 14 days of the offence?
If I sent you a second invoice for a job, I would put the date of the job on it, but date the invoice today.
They have put the date of the original offence on it, and date that this one was sent, as it is outside of 14 days, (and they are fully aware of the 14 day rule) it must therefore be a second NIP.
As others have said, if you recently bought the car, the first NIP may have gone to the previous keeper, or it may just have got lost in the post.
Your wife MUST fill in sign and return the s172 (if it is her vehicle: I assume that she knows it was).
If she wants to argue that the NIP is out of time, therefore the speeding offence cannot be prosecuted, she can do that when they reply with a penalty offer.
She will have to prove to a bunch of Magistrates, who have heard everything under the Sun many many times, that it was not delivered. There was a case on Peppipoo where the defendant got the Postman to court, to swear on the bible that he did not deliver the NIP, and he still lost.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)0 -
-
mattbell1975 wrote: »The car is registered to her and has been for a year, we've not recently moved either.
Send off the 172 and get your wife to give them a ring and see what they say. If they've cocked up they'll probably bin it or tell you it's a reminder.0 -
-
Why is it deemed unenforceable if a NIP isn't served within 14 days? I've heard this alot but never understood why it exists. Surely if you were speeding and evidence exists, it isn't relevant how long it takes the police to contact you?0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.1K Banking & Borrowing
- 253.6K Reduce Debt & Boost Income
- 454.3K Spending & Discounts
- 245.2K Work, Benefits & Business
- 600.9K Mortgages, Homes & Bills
- 177.5K Life & Family
- 259K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards