3. Nip received 15 days after offence and court summons has a different offence to the one on the NIP
« previous next »
Pages: [1]

Author Topic: Nip received 15 days after offence and court summons has a different offence to the one on the NIP  (Read 830 times)

0 Members and 12 Guests are viewing this topic.

Nip received 15 days after offence and court summons has a different offence to the one on the NIP
« on: »
Hi
05/08/24 offence date reported to police through Snap for driving without due care, according to post mark the Nip was posted to me on Friday the 16/08
(I’ve been the registered keeper for 2 months and have the V5 in my name)and I received it on Tuesday 20/08, 15 days after the offence not including the day of the offence, I returned the 172 form within the required time frame to the ticketing office notifying them of the driver as me. I received a conditional offer of 3 points, I don’t believe I’m guilty of the offence so declined the fixed penalty, I then called and emailed the ticketing office informing them that the NIP is out of time, no response received and then I get the court summons and after reviewing the document I noticed that the offence on the summons is different to the NIP.
Nip offence
Driving without due care
RT 88575
Summons offence
Without reasonable consideration for other persons on the road
RT88576.
My questions are
Is the NIP valid
Is the summons valid

Thank you all for any help and advice
« Last Edit: March 02, 2025, 10:17:48 pm by Jak07 »
Logged

Share on Bluesky Share on Facebook

Re: Nip received 15 days after offence and court summons has a different offence to the one on the NIP
« Reply #1 on: »
The requirement for issuing a NIP and the exceptions are provided by sections 1 and 2 of the Road Traffic Offenders Act 1988.

One of the exceptions is if it was not possible with reasonable diligence for the police to ascertain the driver or RK's details in time to serve a NIP within the 14 days. If a report was submitted late to Operation Snap, that might be an exception to the requirement. The questions would seem to be whether a report submitted too late by (presumably) the aggrieved party would negate the requirement to serve a NIP within the 14 days, and if so, whether on this occasion it was submitted too late for the police to be able to serve a NIP within the 14 days.

Your NIP does not satisfy the requirements of s. 1 RTOA 1988. Whether it needed to is another matter.

The SJPN is not "invalid".

If you tell us what happened, we might be able to provide more meaningful advice.
Logged
I am responsible for the accuracy of the information I post, not your ability to comprehend it.
Re: Nip received 15 days after offence and court summons has a different offence to the one on the NIP
« Reply #2 on: »
Hi Andy
Thank you for your prompt response, the snap upload was provided to the police on the 6th,the day after the alleged offence.
The context is a cyclist has reported me for allegedly sounding my horn and gesturing to him presumed by the police and the cyclist to say pull over.
I haven’t seen the video footage.
I was behind a cyclist for 3 tenths of a mile with traffic parked on the right hand side.
A queue of 4 -5 cars had built up behind me whilst we followed the bike for the long distance, there was ample opportunity for the cyclist to move over at three junctions as well as a couple of places where the road is marked with the white “H “ marking because of back to back dropped kerbs spanning around 5 large houses.
We get to a mini roundabout and the cyclists stops in the middle of the road and waits even though no other traffic is approaching the mini roundabout.
We wait behind him and someone sounds there horn which has apparently startled the cyclists, we then proceed across the roundabout and enter a road that’s about the width of two cars at this point the cyclists veers towards my car, I stop my car to ask him what he’s playing at, he refuses to enter into conversation stating that he doesn’t want to talk to me, he picks up his bike and goes onto the pavement and rides off
Logged
Re: Nip received 15 days after offence and court summons has a different offence to the one on the NIP
« Reply #3 on: »
Unless the cyclist soiled himself as a result of a car driver daring to criticise his riding, it is difficult to see how they could rely on the "accident" exception.

Assuming that the OP had held the V5C for 2 months by the time of the incident (as opposed to the time of posting), it is difficult to see how they could rely on the reasonable dilgence exception (regardless of what policy some other force might have in place, and regardless of whether the OP needs the facts applying to the legal principles already posted).

I struggle to see how beeping your horn at a cyclist riding like a ?*!& constitutes driving like a ?*!&, unless #BeKind has now become law.
Logged
I am responsible for the accuracy of the information I post, not your ability to comprehend it.
Dislike Dislike x 1 View List
Re: Nip received 15 days after offence and court summons has a different offence to the one on the NIP
« Reply #4 on: »
Andy , that’s a great response, it’s made my day, will I need to tone it down for court ?
I’ve just checked the operation snap website and one of the criteria is
“ your report must be submitted within 10 days of the offence to allow us time to investigate.
By Law we can only serve a NIP Within 14 day of an alleged offence “.
Logged
Pages: [1]
« previous next »
  3. Nip received 15 days after offence and court summons has a different offence to the one on the NIP