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NIP 14 day rule

mjgreen60
mjgreen60 Posts: 232 Forumite
Part of the Furniture Combo Breaker

hi there


my wife has received a nip for speeding today. Letter is dated 22/6/26, but date of offence is 7/5/26. Clearly outside of 14 day window. No issue with address, privately owned vehicle.

No longer do a paper return and it’s all online (west mids police if it makes any difference).

Just wondering how we go about trying to get it written off given the timeframe?


many thanks


Mj

Just started comping - 1/12/08 - keep your fingers crossed!
«1

Comments

  • soolin
    soolin Posts: 75,495 Ambassador
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    the regulars on here will be along to help you, but it is virtually unheard of for an NIP to be issued late, and this might well be a reminder. Whatever happens though you would still need to respond to the form.

    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • Keep_pedalling
    Keep_pedalling Posts: 23,469 Forumite
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    Is she the registered keeper? Is the address correct on the V5C?

  • Car_54
    Car_54 Posts: 9,199 Forumite
    Part of the Furniture 1,000 Posts Name Dropper

    As above, are you sure your wife is the RK and the address on the V5C is correct?

    If so, it is probably a reminder. You can phone the police and ask.

    Whatever, you won't get it "written off". Your wife has to reply naming the driver, and the only way to challenge the "late" NIP is to decline any out-of-court settlements and go to court, where the onus will be on her to prove the original NOP wasn't received: how do you imagine she could do that?

  • mjgreen60
    mjgreen60 Posts: 232 Forumite
    Part of the Furniture Combo Breaker

    Hi. Thanks for all the replies.

    Yes, she is the registered keeper and the address is correct. From looking at the NIP there is nothing to suggest that this is a reminder, not sure whether it would be explicit that it is, but reads as a first letter.

    Just started comping - 1/12/08 - keep your fingers crossed!
  • soolin
    soolin Posts: 75,495 Ambassador
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    edited 1 July at 6:04PM

    Again I’ll rely on definite answers from the expert regulars here, but a reminder will look exactly the same as the original, just with the new date.

    However, try Ftla just be careful of their registration and posting requirements. There’s quite a few mentions of supposedly late NIPs there and although I’m not a regular there I don’t recall seeing any that were actually late. The most common one is a leased car where the original notification went to the lease company first, although I accept you say the documents show your wife and the correct address as keeper.

    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • TooManyPoints
    TooManyPoints Posts: 1,811 Forumite
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    It does seem to fit about the right timeframe for a reminder.

    If the original was issued on (say) Monday 11th May, she would have until 8th June to reply. The 22nd is two weeks after that.

    I take it you haven’t recently acquired the vehicle or changed address?

    If the police claim there was an earlier NIP (sent in time) your wife will have to decline any out-of-court offers (course or fixed penalty) and defend the matter in court. She will have to plead not guilty and convince the court that no NIP was delivered within the required 14 days.

    It’s not an easy ask and failure will cost her in the region of £1,000.

  • Aretnap
    Aretnap Posts: 6,193 Forumite
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    From what people who have actually worked in ticket offices say, the system will generally not allow an initial NIP to be issued outside the statutory 14 day timeframe. Overriding this involves a manual process which requires a reason for the late issue to be logged on the system: a reason which has to be significantly better than "oops, we forgot".

    So there will undoubtedly be a good reason for the apparent late issue. Assuming you are indeed the registered keeper of the car, have not changed address recently etc, the most likely reason is that this is a reminder.

    As above if you can persuade the court that the original NIP was never delivered then you have a defence to the charge if surfing, but this is not an easy task as you are basically asking the magistrates to take you at your word with no other evidence of the non-delivery to back you up.

  • Woodstok2000
    Woodstok2000 Posts: 2,133 Forumite
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    edited 1 July at 11:31PM

    I'm not doubting you, but but do you need to prove to the court the non-delivery? Would it not be up to the prosecution to prove delivery? Or do they assume that a letter (that can be shown to be sent) is delivered within a certain period?

  • Aretnap
    Aretnap Posts: 6,193 Forumite
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    It's explicitly for the defence to prove (on the balance of probabilities) that the requirement to serve a NIP had not been completed with.

    https://www.legislation.gov.uk/ukpga/1988/53/section/1

    (3)The requirement of subsection (1) above shall in every case be deemed to have been complied with unless and until the contrary is proved.

  • soolin
    soolin Posts: 75,495 Ambassador
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    Again Ftla are experts on these cases, but the NIP is deemed to have arrived 2 working days after posting and recipient would need to show this was not the case.

    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
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