Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: Kurtburt on May 27, 2024, 09:27:09 pm
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Who knows? And who cares?
Unless/until the OP comes back and fills in the blanks, everything is just idle speculation and noise.
The reason we know that it's not a reminder has absolutely nothing to do with whether or not some original 28 days had expired or not - some forces apparently send out reminders before the 28 days has expired - technically a "reminder" after the s. 172 offence has already been committed is not a reminder but a second chance. It does however, have everything to do with the fact that they sent the OP a letter at the same time telling him that his details on the V5C were incorrect.
In general, a NIP issued "late" to an RK is likely to be a reminder. In the instant case the police appear to be saying that the OP is effectively not the RK (the vehicle is not correctly registered in his name and address).
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It is possible that what you have is not the first NIP, but a reminder, reminders are only rarely labelled as such and look identical to a first instance document. It would be advisable to make 'a bemused phone call' querying the apparent lateness.
As the original offence was on the 1st May and the recipient of an S172 letter has up to 28 days to respond, would a reminder have been sent out only 3 weeks from the date of the offence?
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The s. 172 requirement incorporated into the NIP isn't invalid under these circumstance, and the driver still needs to be named.
However, if the police have failed to serve the NIP on the registered keeper within 14 days, and there are no issues with details, then any prosecution should be barred by S1 Road Traffic Offenders Act
It is possible that what you have is not the first NIP, but a reminder, reminders are only rarely labelled as such and look identical to a first instance document. It would be advisable to make 'a bemused phone call' querying the apparent lateness.
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The s. 172 requirement incorporated into the NIP isn't invalid under these circumstance, and the driver still needs to be named.
However, if the police have failed to serve the NIP on the registered keeper within 14 days, and there are no issues with details, then any prosecution should be barred by S1 Road Traffic Offenders Act
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So have you looked at the V5C and confirmed that the details are correct?
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Hi, I received a Notice of Intended Prosecution for a speeding offence and the letter is dated 22nd May 2024, however the alleged offence is on 01 May 2024. This is obviously over 14 days so does that mean its not valid?
Yes I am the registered keeper and all records are up to date. Weirdly though a couple days after receiving the NIP I also received a letter stating that enquiries with the DVLA suggest that the address for the vehicle is incorrect (this letter is also dated on the 22nd)
As far as i am aware though my details are all correct and nothing has changed in the 10+ years ive had the vehicle, in fact I had a speeding offence a year ago with the same vehicle and no issues
Just curious as to whether any of this means the NIP is invalid?
many thanks