Free Traffic Legal Advice

If your sister simply returned the NIP/s172 request to identify the driver with all your correct details, then there is no obvious reason why the police would think that the information she has supplied is false.  Why would they if all the identifying information is correct?

Hopefully your sister had the common sense to keep a copy of the reponse she returned naming you.  If I were you (and even more so if I were her) I'd be checking that copy to see what could possibly be wrong with the information she supplied.

Please note that if her response was equivocal the police would reject it.  So if she didn't simply nominate you as the driver but instead said anything like "I'm not 100% sure but it was probably my brother" then it would be rejected.

It's important you check exactly what she told them.  She still needs to nominate you of course, but she doen't want to do that until you both know why the police think the initial nomination was false

Don't the pages you've posted just contain generic explanatory information?

What's he been charged with?  Speeding, or failing to identify the driver, or both?

Quote from: Stecash on September 05, 2024, 01:23:25 pm

Would I have any grounds here to contest it? 🤞🏻🤞🏻

No, the only time limit is the NIP to the registered keeper (or driver, but that’s never relevant as they don’t know who that is), subsequent notices (which aren’t a NIP as required by Section 1 of the Road Traffic Offenders Act) have no time limit, they could have left it 3 months and it would still not help you.

I don't think he's asking about that...

I think he's asking how it is possible that his NIP/s172 was (apparently) issued the day before he'd even been nominated, and whether that would help him.

I suspect that whatever the explanation, it doesn't...

So you're overtaking (a queue of?) slower moving traffic on the approach to a roundabout, and the approach is single carriageway?

Im the registered keeper and own the vehicle outright...

Have you actually looked at your V5C to confirm that your name and - especially - your address are both recorded correctly?

The name and address on that document are what are used to send out the first NIP.  Any discrepancy would explain delayed or missing paperwork.

Thank you.

I’m not able to upload a copy of the letter as I received an error message saying “upload folder full” hence the extract. I’ve tried many times to upload without success...

Did you read the instructions here before posting?  https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

(There's a clue in the thread title...)

... Although from the clips you shared it was almost certainly working out the back so the more relevant is before you got to the van.

If it was working out of the back, isn't the OP's speed after they passed the van and drove away that's more relevant.

(The first three of the OP's photos are from the rear of his car, the second three from the front)

... If item fails within 6 months, the vendor must offer a replacement, repair or refund...


... My question is.

On receipt of replacement item in September. Does the protection clock start again from zero? 

 

You are not quite right about the word "must" regarding an item failing within the first 6 months.  Essentially the statutory presumption is that an item which "does not conform to contract"  within 6 months of delivery did not do so at purchase, unless the seller can establish otherwise.  (The so-called 'reverse burden of proof').  See s 19(14) and (15) of the https://www.legislation.gov.uk/ukpga/2015/15/section/19.

So if a purchased item fails or otherwise becomes faulty within 6 months you are entitled to a free repair or replacement unless the seller can show it conformed to contrcat when you bought it.

Regarding your question, the answer is: No - neither the 30 day short-term right to reject window nor the 6 month 'reverse burden of proof' period apply to a replacement.

But note that the seller is only allowed one attempt at repair or replacement.  If that attempt fails you can claim a refund.  A full refund if still within 6 months of purchase.  If after 6 months the seller can reduce your refund to reflect the use you've had of the item.  See s 24 of the above legislation.