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Nip
Hello all, today I received a notice of intended prosecution due to exceeding a temporary 50mph speed limit on the motorway. The date of issue was 06/01/2019 and the date of NIP issue is 13/02/2019.
Usually this should be barred as it exceeds 14 days, but my vehicle is leased so I'm unsure if it works differently. On the NIP document FAQ, the following states:
Q. I didn't receive the Notice within 14 days of the alleged offence is it invalid?
A. A notice of Intended Prosecution must be served on the vehicle's DVLA registered keeper within 14 days after the date of the alleged offence. However there is an exemption if the Police cannot reasonably obtain the keeper's details within that time, for example if the DVLA has no keeper details or they are incomplete. There is no deadline for the issuing of any subsequent Notices of S172 RTA 1988 requests to identify the driver. The SEU sends all Notices by first class Royal Mail allowing 2 business days for delivery within the 14 day deadline. By law these Notices are considered served on the addressee. There is no requirement in law to use recorded delivery and it would be impractical for the SEU to do so due to the large number of Notices they issue. If you are the vehicle's registered keeper you should have the V5C registration document in your name. Company vehicles are often registered to a leasing company rather than the business.
My question is, could the above statement mitigate the fact that the issue date exceeds the 14 day grace period? The wording is a bit broad as it states in the question "did not receive" rather than "did not issue". Could you please advice on how I should proceed?
Usually this should be barred as it exceeds 14 days, but my vehicle is leased so I'm unsure if it works differently. On the NIP document FAQ, the following states:
Q. I didn't receive the Notice within 14 days of the alleged offence is it invalid?
A. A notice of Intended Prosecution must be served on the vehicle's DVLA registered keeper within 14 days after the date of the alleged offence. However there is an exemption if the Police cannot reasonably obtain the keeper's details within that time, for example if the DVLA has no keeper details or they are incomplete. There is no deadline for the issuing of any subsequent Notices of S172 RTA 1988 requests to identify the driver. The SEU sends all Notices by first class Royal Mail allowing 2 business days for delivery within the 14 day deadline. By law these Notices are considered served on the addressee. There is no requirement in law to use recorded delivery and it would be impractical for the SEU to do so due to the large number of Notices they issue. If you are the vehicle's registered keeper you should have the V5C registration document in your name. Company vehicles are often registered to a leasing company rather than the business.
My question is, could the above statement mitigate the fact that the issue date exceeds the 14 day grace period? The wording is a bit broad as it states in the question "did not receive" rather than "did not issue". Could you please advice on how I should proceed?
0
Comments
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Do you have the V5C document? Does it have your name and address on it? If the answer to either of these is No then the 14 day window likely doesn't apply, as they'll have written to the lease company first (within 14 days).
Your only possible get-out is the Beckham defence - can you get the lease company to confirm (and prove) when they received the initial NIP?0 -
There might even be a finance company at the start of NIP chain, your NIP might be 3rd. Only the first NIP to the RK is required to be served within 14 days.0
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