Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: Rubyru on February 24, 2025, 04:16:49 pm
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28 days from date of offence is irrelevant.
27 days from deemed date of service of the NIP would be relevant if they hadn't issued a reminder. As long as you satisfy the requirements of the reminder, all is good as regards the s. 172 requirement.
The way to tell whether your details on the V5C are correct and current is to hold the V5C in your hand and check them. Telling us that they are because some other paperwork found its way to you tells us more about you than the V5C.
If you are the RK and the details on the V5C are correct, then if no NIP was served (delivered) within 14 days of the date of the offence, then that is a defence to the speeding allegation - as long as you can persuade the court with credible testimony that, on the balance of probabilities, no such notice was delivered to your address.
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Hi , Thanks for your reply .
Its for speeding 82 in a 70 , so annoyed as I am always so diligent !
I've responded to the NIP , just worried as its outside of the 28 days from the offence .
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As above, any s172 request (to name the driver) is not subject to the same 14 days required for the NIP (certain offences and caveats).
You may have a defence to the underlying offence but could grab defeat from the jaws of victory by committing a separate offence.
The good news is you now have the opportunity to name the driver and work out your next steps - some may find out by way of prosecution (or a verdict in absence).
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Maybe... What is the NIP for? Regardless you need to respond to the driver details request you have received pronto or it will soon time out and you may find yourself on the receiving end of a (more serious) failure to furnish charge. Are you the registered keeper i.e. not leased or something?
In principal the first NIP (where one is required) has to be served within 14 days. Unfortunately it's hard to prove a negative and the Police can usually show they posted it on time.
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I have today received an NIP reminder dated the 27/01/2025 for an offence on the 05/01/2025.
The details on the V5 are correct ,as I received a parking fine (incorrectly entered no plate ::)
I have read that the NIP should be served with in 14 days , do I have any recourse ?
Many thanks