Free Traffic Legal Advice

Live cases legal advice => Speeding and other criminal offences => Topic started by: PallasAthena on February 11, 2025, 01:53:57 pm

Title: Re: How long do police have to issue NIP to nominated driver?
Post by: PallasAthena on February 12, 2025, 05:01:05 pm
Nominated driver felt best to check with police because of all the hassle sorting it out if it turned out it had been sent and got lost in the post.  I emailed Kent police late yesterday afternoon and got a reply by 8.30am this morning. Who knew they could move so fast! They confirmed my nomination had been received and "processed" and that "further documentation will be issued to the nominated driver in due course".

Nominated driver has no previous convictions and no points on licence but did do a speed awareness course last year so hopefully for 58 in 50 will get offered a FPN £100 + 3 points for the speeding.

Thanks for the responses.
Title: Re: How long do police have to issue NIP to nominated driver?
Post by: NewJudge on February 11, 2025, 02:53:25 pm
However, it might be wise for your friend to check with the police that nothing has been sent.

If it has, but wasn't received, the next thing the police may do is to prosecute him for "failing to provide driver's details (FtP)." This is a far more serious offence (with more profound consequences in terms of its effect on insurance premiums) than speeding and it carries six points.

Of course, if your case has "fallen down the back of a filing cabinet" your friend may be stirring up a hornets' nest and prompt the police to go and look for it. That's a decision he will have to take for himself.

No prosecution can be taken more than six months from the offence date. For the FtP offence this is 28 days after the request is deemed to have been served (which is two working days after it was posted).
Title: Re: How long do police have to issue NIP to nominated driver?
Post by: andy_foster on February 11, 2025, 02:22:09 pm
My question is, is there a time limit that Kent Police have to issue a NIP to the nominated driver?

No
Title: How long do police have to issue NIP to nominated driver?
Post by: PallasAthena on February 11, 2025, 01:53:57 pm
I received a NIP from Kent police for "Excess speed" 58mph in temporary road works 50mph limit on M25, offence date  9/1/25, NIP issue date 13/1/25, NIP received by post 17/1/25.

I wasn't driving and I nominated the person who was the driver (with their knowledge and agreement). I responded to the NIP and made the nomination online on 17/1/25. I checked it had gone through OK by trying to log back in and getting the on-screen message "You have already responded to this NIP" (or words to that effect - I forgot to screenshot it).

So far the driver I nominated has heard nothing. I assume the next step is that the nominated driver should receive a NIP asking them to confirm they were driving?

My question is, is there a time limit that Kent Police have to issue a NIP to the nominated driver? Should I be chasing up Kent Police to see what action they have taken? I don't want to find it coming back on me if, for example, Kent Police have sent something to the nominated driver but it has got lost in the post.