Author Topic: NIP - question on dates  (Read 542 times)

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jlsmith

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NIP - question on dates
« on: August 30, 2024, 08:23:29 am »
Good morning

I received a NIP in the post yesterday (29th August) dated 20 August 2024 in relation to an alleged offence exceeding speed limit on a 30mph road. The alleged offence date was 25 July 2024.

The car in question was bought from a main dealer on 12 July and the sale registered with the DVLA on that date.

From the online NIP I can see the following series of nominations:

Notice sent on 29/07/2024 at 08:35:05
New driver nominated on 07/08/2024 at 15:51:45
New driver nominated on 08/08/2024 at 07:56:40
New driver nominated on 21/08/2024 at 08:14:50

NB the latest driver was nominated the day after my NIP is dated (?!)

Is there likely to be any scope with dates here, as DVLA was updated with my details promptly.

Meanwhile I presume I must reply to the NIP as required within 28 days of the date (20 August?). Would there be any mileage in delaying a response?

Happy to provide more details later today if needed.

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The Rookie

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Re: NIP - question on dates
« Reply #1 on: August 30, 2024, 09:10:54 am »
Well it seems unlikely the DVLA had been updated by the time the request was made.

That not withstanding if the DVLA had failed to update the details then the Police, despite using 'reasonable diligence' would have got the incorrect address so it still wouldn't provide a defence.

The S172 requests seem to have gone through a bit of chain implying previous keeper and dealership have been involved along the way, although as noted the dates seem a bit 'unusual', it looks like the entry on the 8th may have been a correction though not impossible a new S172 request was served.

The 6 month timeout is a long way off and I see no benefit delaying the response, regardless the S172 request MUST be replied to (details arrive with the Police) within 28 days of service, which is day ONE (not zero) of the 28. Service will have been presumed to be the 22nd of August (meaning a reply to them by 18th September but legally you have 28 days from the date of service (day it arrived through your letter box, not when you found it) so the 25th, although you don't really want to be defending an S172 charge based on date of service (though it's unlikely).

But really it would help to know speed/limit, if you would qualify a course it would probably be a bad idea to jeopardise that on a 'maybe' defence', a Fixed Penalty less clear cut, but if you are likely to end with a court 'summons' (Single Justice Procedure Notice) anyway then it may be worth exploring.
There are motorists who have been scammed and those who are yet to be scammed!

jlsmith

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Re: NIP - question on dates
« Reply #2 on: August 30, 2024, 10:02:07 am »
Hi thanks for that, very useful

Speed was 38 in a 30

Driver already has 3pts SP30 from July 2023

What are the circumstances under which a speed awareness would be offered?

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Re: NIP - question on dates
« Reply #3 on: August 30, 2024, 10:10:13 am »
Qualification for a course
1/ Alleged offence in England and Wales
2/ Not completed the same course in the preceding 3 years (offence date to offence date)
3/ Speed below limit +10% +9mph (so up to 42 in a 30).
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jlsmith

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Re: NIP - question on dates
« Reply #4 on: August 30, 2024, 10:13:32 am »
OK, so it seems as if a speed awareness course could be offered as the driver previously did one in January 2020.

Having said that, one wonders why a SAC wasn't offered for the July 2023 offence (which was also 38 in a 30, in E&W, etc....). 

The Rookie

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Re: NIP - question on dates
« Reply #5 on: August 30, 2024, 10:16:36 am »
previously did one in January 2020.

Having said that, one wonders why a SAC wasn't offered for the July 2023 offence (which was also 38 in a 30, in E&W, etc....).
Sorry, can't answer that one!
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jlsmith

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Re: NIP - question on dates
« Reply #6 on: August 30, 2024, 10:27:30 am »
So to be clear, the current SP30 / 3pts is not a bar to being offered a SAC, given the date of the previous SAC (Jan 2020) is more than 3 years ago?

NewJudge

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Re: NIP - question on dates
« Reply #7 on: August 30, 2024, 10:51:31 am »
So to be clear, the current SP30 / 3pts is not a bar to being offered a SAC, given the date of the previous SAC (Jan 2020) is more than 3 years ago?
No. Current points have no bearing on whether a course might be offered. The only criteria are those mentioned by Rookie.

Just a slight correction to Rookie's answer: they are offered up to (Limit+10%+9mph), not below. Though the calculation of 42mph is correct.

jlsmith

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Re: NIP - question on dates
« Reply #8 on: August 30, 2024, 02:07:46 pm »
Thanks for your replies. Seems like the best approach is to reply on the basis that a SAC will be forthcoming. If it isn't offered, I may revert for more advice!

jlsmith

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Re: NIP - question on dates
« Reply #9 on: September 09, 2024, 05:38:58 pm »
And a course was duly offered (and accepted). Many thanks for your help.
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