3. NIP dated & sent after 14 days
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mr-jp

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NIP dated & sent after 14 days
« on: January 29, 2024, 03:20:02 pm »
Hi guys,

I have just received a NIP from the police in the post for an alleged offence on the 4th Jan for the speed of 49mph in a 40. However, I received the letter today on the 29th Jan & the letter itself is dated 26th Jan.

I have read that legally, speeding tickets have to be issued within 14 days to be valid. As this was issued after, how do I proceed from here with rejecting it?

How do I respond or what steps do I take?
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NewJudge

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Re: NIP dated & sent after 14 days
« Reply #1 on: January 29, 2024, 03:28:15 pm »
You cannot reject a NIP. It is simply a notice informing you that prosecution is being considered. You may have a defence to the speeding charge if a NIP was not properly served within 14 days. However...

Are you the registered keeper of the vehicle (i.e. do you hold the V5C which shows your details)? If so, are those details - particularly the address - correct (best to get it out and look) and/or did you recently acquire the vehicle?
« Last Edit: January 29, 2024, 03:30:03 pm by NewJudge »
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mr-jp

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Re: NIP dated & sent after 14 days
« Reply #2 on: January 29, 2024, 03:44:06 pm »
Thanks for the response and information.

I am currently renting the vehicle from a rental company so not the registered keeper, does that change anything?
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Southpaw82

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Re: NIP dated & sent after 14 days
« Reply #3 on: January 29, 2024, 04:33:01 pm »
Well, yes. There is only one NIP required by law, which must be served on the driver (who the police don’t know) or the registered keeper within 14 days (subject to exceptions). One would guess it has been served on the RK.

If you think about it, a recipient of a s 172 notice to name the driver has 28 days to do so - so how would the police be able to get a notice to you within 14 days?
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mr-jp

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Re: NIP dated & sent after 14 days
« Reply #4 on: January 29, 2024, 04:58:00 pm »
Thanks for clearing that up, that does make sense. However, I received a different speeding ticket last week which was still correctly issued, dated & sent to me within 14 days.

Based on this & the current one being issued after 14 days, do I have any hope of a defence here?
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Southpaw82

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Re: NIP dated & sent after 14 days
« Reply #5 on: January 29, 2024, 05:26:37 pm »
Quote from: mr-jp on January 29, 2024, 04:58:00 pm
Based on this & the current one being issued after 14 days, do I have any hope of a defence here?
If they served an NIP on the RK within 14 days, no. They wouldn’t have to serve one on you at all, let alone within 14 days.
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NewJudge

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Re: NIP dated & sent after 14 days
« Reply #6 on: January 29, 2024, 05:43:21 pm »
Quote
Based on this & the current one being issued after 14 days, do I have any hope of a defence here

If you think this through, the recipient of the first NIP (as sp says, the only one required by law) has 28 days to respond naming the driver. So how can a second NIP be served on that person within 14 days of the offence if they take two or three weeks to respond?

Very often there are two or three links in the chain  (perhaps a finance company, a lease company and an employer, if it is a company vehicle) before a NIP finally arrives with the driver and it might be three months or more before that one is served.
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