Nip

tastycracker

Hi all,
I would appreciate any help in this matter. I have a company hire car. On 19 August I got zapped by a speed camera in a 30 mph zone. The NIP was sent to the hire company on 12 September. I know there is a 14 day rule to send a NIP, does this still count?

AdrianC

tastycracker wrote: »

I would appreciate any help in this matter. I have a company hire car. On 19 August I got zapped by a speed camera in a 30 mph zone. The NIP was sent to the hire company on 12 September. I know there is a 14 day rule to send a NIP, does this still count?

The NIP has to be sent to the registered keeper so that there's a reasonable expectation of it being received within 14 days. This is such a basic procedure that the force issuing the NIP will have it off pat.

And, of course, that ignores that the vehicle may only recently have been registered, or may be registered to a third party, perhaps the manufacturer or dealer or a finance company, rather than the hirer.

But, even in the very unlikely situation it was sent late, if the RK then replies to the NIP anyway with the details of who was driving at the time, then that particular loophole is out of the way. I can't see any situation where the hire company will open themselves to legal complications in order to get you out of the consequences of your decisions behind the wheel, can you?

waamo

You need to know who is named on the V5c as the registered keeper and the date they became the registered keeper.

It may well be a finance company or the lease company themselves. If the car has only just been registered to them a delay is allowed. You then need to find out the exact date the first NIP was received.

tastycracker

Hi


The NIP is addressed to the Lease company. The NIP was dated 12 September and I committed the speeding offence on 19 August. The lease company emailed me the NIP and said they are transferring it into my name. I was just wondering if the 14 day rule counted on hire cars?

waamo

Like I said who is named on the V5c and what date did they become the registered keeper?

AdrianC

tastycracker wrote: »

The NIP is addressed to the Lease company. The NIP was dated 12 September and I committed the speeding offence on 19 August. The lease company emailed me the NIP and said they are transferring it into my name. I was just wondering if the 14 day rule counted on hire cars?

Yes, it does. But like I said - it makes no difference here, since the lease company have replied to it. You will be getting a NIP of your own - to which the 14-day rule does NOT apply - soon enough. You cannot complain about a NIP that wasn't addressed to you, and which has already been implicitly accepted as valid by the recipient.

Fat_Walt

AdrianC wrote: »

The NIP has to be sent to the registered keeper so that there's a reasonable expectation of it being received within 14 days. This is such a basic procedure that the force issuing the NIP will have it off pat.

And, of course, that ignores that the vehicle may only recently have been registered, or may be registered to a third party, perhaps the manufacturer or dealer or a finance company, rather than the hirer.

But, even in the very unlikely situation it was sent late, if the RK then replies to the NIP anyway with the details of who was driving at the time, then that particular loophole is out of the way. I can't see any situation where the hire company will open themselves to legal complications in order to get you out of the consequences of your decisions behind the wheel, can you?

No it's not as they still have to comply with Section 172.

Fat_Walt

AdrianC wrote: »

Yes, it does. But like I said - it makes no difference here, since the lease company have replied to it. You will be getting a NIP of your own - to which the 14-day rule does NOT apply - soon enough. You cannot complain about a NIP that wasn't addressed to you, and which has already been implicitly accepted as valid by the recipient.

The first nip must be served with 14 days. No ifs or buts.

AdrianC

Fat_Walt wrote: »

The first nip must be served with 14 days. No ifs or buts.

...or the recipient can refuse it as not valid. Yes, we've done that.

But the recipient has already treated it as valid, by replying to it with the details of the person they believe was driving under s172. Why would they open themselves to lengthy and expensive legal procedure in order to protect the OP?

Fat_Walt

AdrianC wrote: »

...or the recipient can refuse it as not valid. Yes, we've done that.

But the recipient has already treated it as valid, by replying to it with the details of the person they believe was driving under s172. Why would they open themselves to lengthy and expensive legal procedure in order to protect the OP?

The 172 is valid so they must reply.

The nip is not valid if it isn't served with 14 days of the offence. Relying to the 172 does not validate it.

If the op can cast reasonable doubt it was not served with 14 days he cannot be convicted of the offence.

Now stop arguing as you are wrong and not helping him.

AdrianC

If you're so certain, Walt, can I presume you'll put your money where your mouth is when it comes to the OP taking it court?

No, thought not.