3. Speeding fine
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Speeding fine
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Hiya
Thanks in advance for any help


I recieved a speeding ticket today, saying the offence was committed on 10th May, it was in a rental car in my name but my Daughter was driving (she was insured)
So the NIP was sent to the rental company on 12th June, who have forwarded me a copy and let the Police know the driver
Obviously when I receive I will let them know my Daughter was driving and they will need to send a NIP to her, my question is the rental company NIP is dated 12th June - 33 days after the offence does this still count in the 14 day rule
She was doing 55 in 40 on a dual carriage way
any advice?
Thanks Brian

Tia
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Re: Speeding fine
« Reply #1 on: »
The 14 day rule does apply to the first nip. The likelihood is the rental co are not the RK. Most likely a finance co.
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Re: Speeding fine
« Reply #2 on: »
So when recieved she can just send a letter stating it was out of date ?
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Re: Speeding fine
« Reply #3 on: »
Quote
So when recieved she can just send a letter stating it was out of date ?

Er...no.

Only the first NIP (to the Registered Keeper) is subject to the 14 day rule. In fact it's the only one required by law at all. Any subsequent NIPs are provided as a courtesy, but mainly because they are usually printed on the same sheet of paper as the "Request for Driver's Details".

Although on the same sheet of paper, this request is a separate document which is subject to different rules. In particular it has no time limit. Your daughter must respond to this request. If she does not she will commit a more serious offence which carries six points.

Back to the NIP, as above, the rental company is unlikely to be the RK. If your daughter wants to consider defending the speeding charge on the basis of a late NIP, she must find out who the RK is and when they received their NIP. Only if that one did not meet the 14 day rule will she have a defence to the speeding charge.

55 in a 40mph limit is too fast for a course and he should be offered a fixed penalty (£00 and 3 points) provided she has no more than eight "active" points on he rrecord.
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Re: Speeding fine
« Reply #4 on: »
there was a letter sent with the nip from the rental company which said

"this letter is for reference only, a copy has been sent to the speed enforcement unit directly"

sorry this is so confusing

so should i contact them and say i wasn't driving or wait for them to contact me?

also she has only been driving 4 months!!!

tia
« Last Edit: June 19, 2024, 09:30:24 pm by bhw_1968@yahoo.com »
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Re: Speeding fine
« Reply #5 on: »
What do you think the words "this letter is for reference only" mean?
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Re: Speeding fine
« Reply #6 on: »
Quote
so should i contact them and say i wasn't driving or wait for them to contact me?
You don't have to do anything until the police send you a request for driver's details. Then you have to respond to it naming your daughter. She will then get a similar request and must respond to that naming herself as the driver.

In the likely event she is offered a fixed penalty she must make sure she submits her licence details as directed when accepting the offer. She must do this even though she will have already done so when naming herself as the driver. If she fails to do so her £100 will be returned and she will be prosecuted in court.

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also she has only been driving 4 months!!!

Then she will need to be careful. She will get three points for this offence and one more offence which attracts points before the second anniversary of passing her test and her licence will be revoked. This means she will have to take her test (both parts) again.
« Last Edit: June 20, 2024, 12:13:23 am by NewJudge »
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Re: Speeding fine
« Reply #7 on: »
There is a potential issue with timing. Most forces have a limit to how long they will allow a COFP. Usually around 4 months. Beyond this they will issue a SJPN for court instead.

There is also the limit of 6 months to prosecute.

Currently the rental co have named you. You will get a nip in due course.

You will in turn name your daughter. She will get a nip.

She will name herself and then get a COFP.

If they are not dealt with promptly it may be getting close to the point at which a conditional offer is not made (because it could enable a timeout).


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Re: Speeding fine
« Reply #8 on: »
To clarify a number of points mentioned
1/ You only need to respond to an S172 request addressed to you, so the copy you have of the NIP/S172 to the lease company is 'info only'.
2/ The NIP (compliant to S1 of the Road Traffic Offenders Act 1988 - aka 'the first NIP') has to be served within 14 days on the registered keeper (or driver, but that's impractical as they don't know who that is yet), quite often the RK for leased cars is a finance company, you could ask the lease company if they are the RK and then ask for a copy of the V5c registration document if you want to pursue a '14 day defence' for your daughter, but as noted the driver has to be named regardless as it's only the driver who can use the 14 day defence and that for the original offence.
3/ Most forces won't issue a fixed penalty more than 4 months after the date of the offence to prevent the case reaching the '6 month timeout' though the FP tariff should still be available via court sentencing.
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Re: Speeding fine
« Reply #9 on: »
Thanks for all the info, I called the rental company and they are the RK of the car, so the nip letter they recieved was 30+ days
Is there a template I can download to send back advising this
Also, should we still wait for a nip in my name
Tia
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Re: Speeding fine
« Reply #10 on: »
Quote from: bhw_1968@yahoo.com on June 21, 2024, 08:30:09 am
Thanks for all the info, I called the rental company and they are the RK of the car,
and have you...
Quote from: The Rookie on June 20, 2024, 01:05:51 pm
then ask for a copy of the V5c registration document if you want to pursue a '14 day defence'
DO NOT accept what some call centre oik tells you, you need proof or it will cost your daughter dearly if it turns out to be incorrect in court - and we've seen that said oiks get it wrong many times when push comes to shove, it's not something they actually 'know' as it's not a standard question.

You don't need to do anything but name the driver, so get that done, IF the V5c confirm they are the RK then your daughter can include that with her reply, I'd suggest there is less than a 5% chance they are the RK.
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