How do I fight a NIP outside of the 14 day limit with my Company being the Registered Keeper?

Norman6819

Hello there, I would really appreciate some insight and expert advise please.

I have a company car (leased) and according to documentation, the company I work for are the Registered Keeper. Lex Autolease are the owners of the vehicle.

My company received a NIP and request for driver information on Monday 28th October from Warwickshire Police. The issue date was 8th October for a speeding offense that happened on 1st September. The issue date was 37 days after the offence and outside the 14 day limit.

On the same Monday 28th October, my company received a second NIP and request for driver information for another speeding offence also from Warwickshire Police with an issue date of 17th October and an offence date of 6th October - issued within 11 days (although issuing date was a Thursday and requires 2 business days to be presumed served making the serving date Monday 21st October and technically outside the 14 day limit).

Both speeding offenses were on the M6 and captured on automatic camera devices.

I'm naturally disappointed as the offences would trigger a totting up ban which I take responsibility for and will follow due process.

However, my question is this. Given the discrepancy in serving dates between the two NIPs both being sent to the Company (Registered Keeper of the Vehicle), do I or the company have any grounds for challenging the NIPs due to being outside the time limits or do I just accept my fate and suffer the consequences.

I think I know the answer but if there is anybody who could shed some light on whether the time limit can be challenged OR if anybody has had a similar experience where they HAVE successfully challenged and had the offence dropped, I would love to hear from you.

Thanking you in advance for any insights or help offered.

Cheers, Norm

thebullsback

try this in Google search .They may have guidance 
ftla.uk

TadleyBaggie

Are you sure the company are the Registered Keeper? Company cars are often leased. Unless you can get sight of V5C you may be barking up the wrong tree. 

LightFlare

TadleyBaggie said:

Are you sure the company are the Registered Keeper? Company cars are often leased. Unless you can get sight of V5C you may be barking up the wrong tree. 

Exactly - the company may be classed as the keeper, but not necessarily the registered keeper named on the V5

Arunmor

You will note "must be sent within 14 days".  Not sure there is any mention of business days if it was then they would be in 5 and 10 day increments. 

Mildly_Miffed

The company's name and correct postal address are on the V5C, which is in your possession?

What's the issue date of the V5C?

TooManyPoints

I don't know where the above comes from but "Must have been sent" is incorrect.

The NIP must be "served" on either the driver or the RK within 14 (calendar) days. It is deemed "served" two working days after posting unless the contrary is proved.

You can't actually "challenge" a NIP. It is simply a notice. You can only challenge the charge which will result from it. The Company has no grounds to do so as they will not be facing that charge.

The likelihood of two NIPs seemingly being served late (one actually issued late) is vanishingly unlikely. You need to find out for certain who  the RK is (i.e. who holds the V5C). Only when you have done that (and I would recommend either seeing the actual V5C or at least a copy) should you consider challenging the speeding allegations. 

If you do decide to defend the charge(s) you will have to decline any out of court offers the police may make (either a course or fixed penalty) and plead not guilty in court. If the second will take you to twelve points you will not be offered a fixed penalty but you may be offered a course for one of the offences if the speed is low enough and you have not done a course within the last three years (offence dates being used to calculate that period).

You should be aware that whatever issues you have with the NIP or the speeding charge itself you must respond to the "requests for driver's details" within the 28 days allowed. Failure to do so will see you commit a separate, more serious offence which carries six points.