NIP sent to old address

bhaisab

Hello forum

Moved house over a year ago

Logbook and licence immediately updated to new address.

NIP for speeding has been sent to the old address.

Does that mean it's invalid? 

Car_54

Unlikely. Have you checked that your V5C does indeed show the new address? (Licence is irrelevant.)

bhaisab

Yup
Logbook has new address on it

Car_54

OK. What is the date at the bottom of Page 2? Is it before or after the offence?

Car_54

Also, when did the NIP arrive at the old address (i.e. how long after the offence), and how did you get it?

neilmcl

Try the forum over on http://www.pepipoo.com/

TooManyPoints

A NIP cannot be invalid. It is simply a notice telling you a prosecution is being considered. It may give you a defence to the underlying speeding offence but that depends. It would help if you answered the questions above. It would be unusual if your V5C showed your current address at the time of the alleged offence whilst the the police tried to contact you at your old one, unless you changed addresses very close to the offence date or your record with the DVLA was updated for some other reason. Hence the need for you to check the "docref" date as suggested above. 

Whatever the issues are with the service of the NIP you must respond to the Section 172 notice (request for driver's details) which I assume accompanied it. Failure to do so will see you commit a separate, more serious offence which carries six points, a hefty fine and insurance grief for up to five years.

bhaisab

thanks for replies so far
Apols for delay
I keep my documents at the office so had to wait today

on page 2 of v5/c at bottom the doc ref after the code the date is 12 08 19
guessing this is when the new logbook was sent out

I moved in July 2019 and had a redirection set up for 1yr but didnt renew as wasnt getting much post.
At end of each month I collect any letters from the new tennant, I text him, he confirms if any letters.
So I went to pick up last weekend and got the letters with the NIP

Offence happened on 02/10/20

NIP is dated 12/10/20


Just confused why if police obtain the V5C address from DVLA, they have sent to old address?

TooManyPoints

Initially I would contact the ticket office and ask them to explain why your NIP was sent to the wrong address. 

If their explanation is unsatisfactory (that is, if there is not a good reason why they sent it there) then you have a choice. You can either accept any offers they might make you (i.e. a course or fixed penalty if appropriate) or you can defend the matter in court. The legislation (Section 1 of the Road Traffic Offenders' Act) says that you shall not be convicted of an offence unless you were either warned at the time of the alleged offence or you were served with a NIP within 14 days of the offence (I've paraphrased it but that's in essence what it says). To be "served" on you the NIP must have been sent by first class post to your last known address. The argument will come over the last phrase. If your "last known address" according to the DVLA was your new one the police must explain how and why they sent it to your old address. The risk you run is that a court may find the police had good reason to believe they had used your "last known address" and if they do you will be convicted. So a call to the ticket office may lead them to make enquiries and they may drop the matter out of "embarrassment."

Whatever the result, to reiterate again you must respond to the request for driver's details. However it got to you, you have that request now and to go down the road of arguing that you never received it can get very messy and potentially expensive. It will not jeopardise your argument about the NIP but when you speak to the ticket office make it clear that you received both the NIP and the request purely by chance and that you did not get either until after the 14 days had elapsed.

molerat

bhaisab said:

on page 2 of v5/c at bottom the doc ref after the code the date is 12 08 19
guessing this is when the new logbook was sent out

And what does it say here https://vehicleenquiry.service.gov.uk/ for when the last V5 was issued ?

Have you received vehicle tax renewals to your current address ?