Caught Speeding / NIP not received within 14 days

Kevdoh12

I have received a NIP dated 01-03-2022 for a speeding offence dated on 12-12-2021. Because the date on the NIP is more than 14days, How did i get this over turned, do i still need to complete the NIP and then get it cancelled?

caprikid1

Are you the keeper of the car ? Were all the address's correctly registered for the owner etc ?

Kevdoh12

Its a company car, all addresses are correct. The NIP was sent to head office and then processed to me. within a day of receiving.

Car_54

Kevdoh12 said:

Its a company car, all addresses are correct. The NIP was sent to head office and then processed to me. within a day of receiving.

OK. The likelihood is that the car is leased, and the first NIP (which is the only one subject to the 14-day limit) would have been sent to the finance company. If you doubt this, ask your company to show you the V5C.

If I understand you, the company has received the NIP and sent it to you. You must NOT respond to it - the company must reply naming you and then you will get a NIP in your own name.

TooManyPoints

If Car_54 is correct and the NIP is not addressed to you, as he suggests you should wait for your own paperwork.

If the driver was not stopped at the time, a Notice of Intended Prosecution must be served on either the driver or the Registered Keeper (RK) within 14 days. Because the driver is unknown it goes to the RK. By law this first NIP is the only one that is required at all. Subsequent NIPs are not legally required. However they usually are provided as a courtesy but mainly because the system that produces the accompanying "request for driver's details" is produced by the same system and the two are usually printed on the same piece of paper. But they two are different documents which serve different purposes and are covered by different legislation (the NIP by Section 1 of the Road Traffic Offenders' Act and the driver's request by Section 172 of the Road Traffic Act).

A NIP is not something you can overturn. It is simply a notice. You might have a defence against the signature speeding charge if the NIP was not served on the RK within 14 days but to establish whether you have you need to find out who the RK is and whether they were served with the NIP within 14 days or not.

If you think about the situation you are in, it is very unlikely that drivers who are not the RK of the vehicle they were driving would received notification of an offence within 14 days. If, say, your employer leases the car, the NIP and accompanying s172 request will go to the lease company as the RK. They have 28 days to respond naming your employer as the next contact. They would receive their own NIP and s172 request and they too have 28 days to name you. So it could easily be two months before you get your own NIP and s172 request. There is no time limit to issue s172 requests and failure to respond to one within the 28 days allowed will see a prosecution which will result in six points and a hefty fine in the event of a conviction. The only time limits on the matter are six months (currently twelve in Scotland) to begin court proceedings. That period begins from the date of the offence which, for the speeding matter is the date of the alleged offence and for a s172 offence is 28 days after the request was served.