Author Topic: Facing SJPN for Speeding - Tried to nominate wife but portal glitched.  (Read 504 times)

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Re: Facing SJPN for Speeding - Tried to nominate wife but portal glitched.
« Reply #15 on: »
For those that mean well, but have missed the point by a country mile, as regards an s. 172 charge, the date of service (or issue if date of service cannot readily be proven) of the NIP is only relevant to the date of the alleged s. 172 offence and/or the start of the 27 day period to provide the information.

Where the accused was not the driver, it is not even relevant to some contrived circumstance where he manages to divulge the identity of the driver whilst giving evidence defending the s. 172 charge (unless the speeding had, by some equally contrived circumstance, not timed out by the time the case was heard).
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

Re: Facing SJPN for Speeding - Tried to nominate wife but portal glitched.
« Reply #16 on: »
Yes, and yes. (It's worth noting here that the car is leased)
So this was not the first NIP, as the RK is either the leasing company or a finance company.

You're absolutely correct. However would that change anything for me? As it was the first NIP I received?


Re: Facing SJPN for Speeding - Tried to nominate wife but portal glitched.
« Reply #17 on: »
Quote
However would that change anything for me? As it was the first NIP I received?

The only thing it changes for you is that the NIP you were sent was provided as a courtesy only. There is a legal requirement only for the first NIP (usually sent to the RK). Only if that is deficient in any way (either it is served late or does not provide all the details required by the law) can it provide the basis for a defence to the speeding allegation.

The document which concerns you is the accompanying “Request for Driver’s details.” Whilst that may be printed on the same sheet of paper as the NIP, it is a separate document subject to different legislation. Crucially there is no time limit to serve it whereas the first NIP must be served within 14 days of the alleged offence.

None of this is really of any concern to you. The NIP will only become relevant to the driver if he attempts to use any deficiencies in it to defend a speeding allegation. It cannot be used to defend a “fail to provide driver’s details” charge. As you were not driving it becomes irrelevant.

Re: Facing SJPN for Speeding - Tried to nominate wife but portal glitched.
« Reply #18 on: »
Quote
However would that change anything for me? As it was the first NIP I received?

The only thing it changes for you is that the NIP you were sent was provided as a courtesy only. There is a legal requirement only for the first NIP (usually sent to the RK). Only if that is deficient in any way (either it is served late or does not provide all the details required by the law) can it provide the basis for a defence to the speeding allegation.

The document which concerns you is the accompanying “Request for Driver’s details.” Whilst that may be printed on the same sheet of paper as the NIP, it is a separate document subject to different legislation. Crucially there is no time limit to serve it whereas the first NIP must be served within 14 days of the alleged offence.

None of this is really of any concern to you. The NIP will only become relevant to the driver if he attempts to use any deficiencies in it to defend a speeding allegation. It cannot be used to defend a “fail to provide driver’s details” charge. As you were not driving it becomes irrelevant.

Brilliant, detailed response. Thank you.