Could someone shed some light on this please. What I need to do and what legislation it is.

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gdway
Posts: 6
Joined: Wed Sep 21, 2022 9:36 am

Could someone shed some light on this please. What I need to do and what legislation it is.

Post by gdway »

Has anyone had a notice of intention of prosecution (Nip) for speeding. I got one 3 months after the offence. I've heard that, they need to send it within two weeks or it's invalid.
Could someone shed some light on this please. What I need to do and what legislation it is.
Thanks in advance
roamy
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Joined: Wed Sep 21, 2022 9:40 am

Re: Could someone shed some light on this please. What I need to do and what legislation it is.

Post by roamy »

Was vehicle registered to you or a company? They send a letter under section 172 road traffic act 1988, which compels the keeper to say who was driving at time of offence. Keeper has 28 days to send that back. Once they get that back with drivers details they can check driver against pnc to check previous points etc and to decide if your eligible for a course or it’s points. Or is speed is so high off to court.
gdway
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Re: Could someone shed some light on this please. What I need to do and what legislation it is.

Post by gdway »

roamy wrote: Wed Sep 21, 2022 9:41 am Was vehicle registered to you or a company? They send a letter under section 172 road traffic act 1988, which compels the keeper to say who was driving at time of offence. Keeper has 28 days to send that back. Once they get that back with drivers details they can check driver against pnc to check previous points etc and to decide if your eligible for a course or it’s points. Or is speed is so high off to court.
it was a company van. The original letter that the company received was dated 3 months after the offence
roamy
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Re: Could someone shed some light on this please. What I need to do and what legislation it is.

Post by roamy »

gdway wrote: Wed Sep 21, 2022 9:41 am
roamy wrote: Wed Sep 21, 2022 9:41 am Was vehicle registered to you or a company? They send a letter under section 172 road traffic act 1988, which compels the keeper to say who was driving at time of offence. Keeper has 28 days to send that back. Once they get that back with drivers details they can check driver against pnc to check previous points etc and to decide if your eligible for a course or it’s points. Or is speed is so high off to court.
it was a company van. The original letter that the company received was dated 3 months after the offence
worth taking legal advice, might be outside certain time limits, it’s still within the 6 month prosecution limit though
gdway
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Joined: Wed Sep 21, 2022 9:36 am

Re: Could someone shed some light on this please. What I need to do and what legislation it is.

Post by gdway »

roamy wrote: Wed Sep 21, 2022 9:42 am
gdway wrote: Wed Sep 21, 2022 9:41 am
roamy wrote: Wed Sep 21, 2022 9:41 am Was vehicle registered to you or a company? They send a letter under section 172 road traffic act 1988, which compels the keeper to say who was driving at time of offence. Keeper has 28 days to send that back. Once they get that back with drivers details they can check driver against pnc to check previous points etc and to decide if your eligible for a course or it’s points. Or is speed is so high off to court.
it was a company van. The original letter that the company received was dated 3 months after the offence
worth taking legal advice, might be outside certain time limits, it’s still within the 6 month prosecution limit though
Thanks mate. I'm sure I heard somewhere they have to send you the (Nip) within 2 weeks. Thanks for your help 👍
toexilia
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Re: Could someone shed some light on this please. What I need to do and what legislation it is.

Post by toexilia »

Was it a company van, owned by the company, or a rental?
gdway
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Joined: Wed Sep 21, 2022 9:36 am

Re: Could someone shed some light on this please. What I need to do and what legislation it is.

Post by gdway »

toexilia wrote: Wed Sep 21, 2022 9:43 am Was it a company van, owned by the company, or a rental?
company van
holt21
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Joined: Wed Sep 21, 2022 9:46 am

Re: Could someone shed some light on this please. What I need to do and what legislation it is.

Post by holt21 »

gdway wrote: Wed Sep 21, 2022 9:44 am
toexilia wrote: Wed Sep 21, 2022 9:43 am Was it a company van, owned by the company, or a rental?
company van
as far I know they have to get it out within 14 days from the date of offence.
cramend
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Joined: Tue Sep 20, 2022 3:01 am

Re: Could someone shed some light on this please. What I need to do and what legislation it is.

Post by cramend »

gdway wrote: Wed Sep 21, 2022 9:44 am
toexilia wrote: Wed Sep 21, 2022 9:43 am Was it a company van, owned by the company, or a rental?
company van
did you receive it 3months late or the company?
If check with your boss also, you may think its his van but it may be a lease/rental thats in the rental or lease companies name. If the actual registered keeper didnt receive it and it took 3 months id challenge
Miiden
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Re: Could someone shed some light on this please. What I need to do and what legislation it is.

Post by Miiden »

Yes, they have 6 months to write to you. Mine landed on the door mat 2 weeks before the deadline. I had to attend Leeds magistrates in person from Newcastle. Got banned for 28days
McaTruck
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Re: Could someone shed some light on this please. What I need to do and what legislation it is.

Post by McaTruck »

The NIP must be issued to the registered keeper within 14 days in order to be valid. Check who the registered keeper is, as many company vans are owned by lease companies who are the registered keeper.
gdway
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Re: Could someone shed some light on this please. What I need to do and what legislation it is.

Post by gdway »

McaTruck wrote: Wed Sep 21, 2022 9:52 am The NIP must be issued to the registered keeper within 14 days in order to be valid. Check who the registered keeper is, as many company vans are owned by lease companies who are the registered keeper.
that might explain why it's taken 3 months for the company to receive it. I'll check with the guvnor
bootiv
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Joined: Wed Sep 14, 2022 11:44 am

Re: Could someone shed some light on this please. What I need to do and what legislation it is.

Post by bootiv »

McaTruck wrote: Wed Sep 21, 2022 9:52 am The NIP must be issued to the registered keeper within 14 days in order to be valid. Check who the registered keeper is, as many company vans are owned by lease companies who are the registered keeper.
even if they’re leased there’s still a certain cut off point for NIP to be presented to the driver.
The ‘owner’ of the vehicle has a legal requirement to send details of driver in or face the fine themselves.
Crowiz
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Joined: Wed Sep 14, 2022 7:24 am

Re: Could someone shed some light on this please. What I need to do and what legislation it is.

Post by Crowiz »

The law states that the police must send the NIP within 14 days of the offence, not including the day it happened. So, the NIP you receive must be dated within 14 days of the offence. If it is dated outside of this time, the notice is invalid.
nowokx
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Re: Could someone shed some light on this please. What I need to do and what legislation it is.

Post by nowokx »

Crowiz wrote: Wed Sep 21, 2022 9:54 am The law states that the police must send the NIP within 14 days of the offence, not including the day it happened. So, the NIP you receive must be dated within 14 days of the offence. If it is dated outside of this time, the notice is invalid.
That is 14 days to the registered keeper! It then depends how many hands it needs to go through before the driver is identified.
Crowiz
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Re: Could someone shed some light on this please. What I need to do and what legislation it is.

Post by Crowiz »

nowokx wrote: Wed Sep 21, 2022 9:54 am
Crowiz wrote: Wed Sep 21, 2022 9:54 am The law states that the police must send the NIP within 14 days of the offence, not including the day it happened. So, the NIP you receive must be dated within 14 days of the offence. If it is dated outside of this time, the notice is invalid.
That is 14 days to the registered keeper! It then depends how many hands it needs to go through before the driver is identified.
6 months worth though? I wouldn't have thought a court would have much chance of success if challenged correctly.
nowokx
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Re: Could someone shed some light on this please. What I need to do and what legislation it is.

Post by nowokx »

Crowiz wrote: Wed Sep 21, 2022 9:55 am
nowokx wrote: Wed Sep 21, 2022 9:54 am
Crowiz wrote: Wed Sep 21, 2022 9:54 am The law states that the police must send the NIP within 14 days of the offence, not including the day it happened. So, the NIP you receive must be dated within 14 days of the offence. If it is dated outside of this time, the notice is invalid.
That is 14 days to the registered keeper! It then depends how many hands it needs to go through before the driver is identified.
6 months worth though? I wouldn't have thought a court would have much chance of success if challenged correctly.
Once the nip has been sent to the RK they have 6 months as far as I am aware. Its really first 14 days that really count.
SteRoyal
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Joined: Tue Sep 20, 2022 4:46 am

Re: Could someone shed some light on this please. What I need to do and what legislation it is.

Post by SteRoyal »

The LAW states, a NIP must be sent out within 14 days, not including the date of the offence. They can claim mitigating circumstances, but it’s rare that stands up in court. Technically it’s an invalid NIP, but have you got the balls to take it to court?
You can’t reject the NIP if it arrives late. You still need to name the driver. You then ask for a court hearing in relation to the speeding matter if you want to raise the date issue.
nowokx
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Joined: Tue Sep 20, 2022 7:15 am

Re: Could someone shed some light on this please. What I need to do and what legislation it is.

Post by nowokx »

They have 14 days to send it to the registered owner so if its a hire truck they get it, they have 30 days to send it back with whoever leased it, you boss. They then have 30 days to send it back identifying the driver at the time of the offence.
Pabler
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Joined: Wed Sep 21, 2022 4:00 am

Re: Could someone shed some light on this please. What I need to do and what legislation it is.

Post by Pabler »

I heard years ago it was six months
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