Author Topic: NIP time correction time letter issued after 14 days from offence  (Read 665 times)

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I have received a NIP for an offence which stated the time at 8:34. I called the number of the letter and explained that I tought there was a mistake in the time, probably due to clock setting and that the time was more likely to be 7:34 as I was driving during that time on the day and location of the alleged offence.

They have contacted the member of the public who sent evidence of my offence and confirmed that the time was indeed 7:34.

They have now sent me an email with a letter attached. In the body of the email they say I need to send back the original NIP completed. in the letter they confirm there was a mistake in the NIP sent to me and that the correct time is 7:34 and they have now updated their records.

The alleged offence was on 12 November, NIP received on 17 November, Correction letter issued on 02/12/2025

As this correction letter has been issued after 14 days of the alleged offence, do I have a case to challenge any Fixed penalty notice or whatever they want to do given the correct time has been communicated to me late?


This is in england.

Thank you

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Re: NIP time correction time letter issued after 14 days from offence
« Reply #1 on: »
You can't challenge a fixed penalty, you either accept it or allow the matter to proceed to court. You could then plead not guilty and defend it based on the corrected NIP being served after 14 days.

Likely this was due to the BST/GMT change not being handled correctly.

Re: NIP time correction time letter issued after 14 days from offence
« Reply #2 on: »
Thank you.

How likely would I be to win in court if that was my defence?

It does not seem worth fighting if there is even a small risk of getting a criminal convinction.





Re: NIP time correction time letter issued after 14 days from offence
« Reply #3 on: »
Thank you.

How likely would I be to win in court if that was my defence?

It does not seem worth fighting if there is even a small risk of getting a criminal convinction.

I believe your defence should be slightly different.

The law requires a NIP - served within 14 days - to state the time of the alleged offence. Yours simply did not, and the letter from the police is evidence of that. The letter does not constitute a "corrected NIP".

It may be worth a phone call to the police pointing this out, in the hope that they may drop the matter. They may not, but it costs nothing to try.

Re: NIP time correction time letter issued after 14 days from offence
« Reply #4 on: »
It appears that the short bus has taken a detour and ended up here.

The distinction between challenging a potential subsequent fixed penalty and having a defence to the allegation are at best academic at this stage, and substantially drowned out by the absurd assertion that the OP would have a late/defective NIP defence.

Whilst the requirements to serve a NIP within the 14 days is mandatory, for offences that require a NIP - whether this one does or not is anyone's guess as the OP has chosen not to trouble us with the nature of the alleged offence, except where the statutory exceptions apply - same, the required details - time, date and nature of the alleged offence are "merely directory" - meaning that if such details are incorrect or unduly vague, it does not negate the NIP if the defect does not defeat the objective of enabling the accused to recall of identify the incident in question.

TL;DR - if the OP "knew" that the time of the incident was 7:34 not 8:34, putting 8:34 on the NIP does not invalidate it.

In the abstract, that would tend to raise questions regarding burdens of proof and strategy - whether the prosecution would need to prove that the accused was aware of the correct time (and/or the incident in question), and how to raise the issue without giving evidence (and therefore proving the prosecution's point for them). However, in this case, that ship has very much sailed.

Regardless of whether or not a NIP is required for this offence, or whether a statutory exception would apply, the police have evidence that the OP was not misled by the error, so it is not a viable defence.

As a matter of principle (and to avoid committing an offence under the Perjury Act 1911), as regards the s. 172 requirement to identify the driver, I personally would not be naming my self as the driver of vehicle A at time B and location C when I was nowhere near location C at time B.

The OP can either -
-play nice by confirming that he was the driver of that vehicle at the correct time, or
-play a game by correctly stating that the vehicle in question was not at or near that location at the time specified. If the police, who already know that the OP was driving at the correct time, but don't seem to be in a hurry to fix their mistake by issuing a corrected s. 172 requirement (generally in the form of a new NIP - but the NIP requirements do not apply, before anyone starts asking stupid questions). If the police then do what they should have done and issue a revised notice, the OP is basically in the same position as he would be in if he played nice, with the possibility of the police being less favourable with their response. Again, what that response is likely to be would seem to depend on the matters the OP has chosen not to trouble us with.

It is not immediately obvious in what way the consequences of a criminal conviction for the unspecified offence would differ from those of receiving a fixed penalty for the same offence.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

Re: NIP time correction time letter issued after 14 days from offence
« Reply #5 on: »
Hi,

Thank you for your answer.

Apology, the NIP state the alleged offence as: Overtake within pedestrian crossing limits.

I seem to understand from your answer that police should have issued a new NIP which they did not.  But even if they did, it would still be valid and therefore trying to play a game as you say it does not seem to be worth.

I have assumed that a criminal convinction will go into my criminal record(not sure for how long) while a fixed penalty notice is just a fine. but I am probably wrong. I am also not sure if there is the option of being offered a course for this offence as they do for speeding ones.

The text of the letter they have sent me is below and the word document is named Dash NIP Reminder and :


Our Reference:xxxxx
Date of alleged offence: 12/11/2025 at 07.34 hrs

On the 17/11/2025 a Notice of Intended Prosecution was sent to yourself, but the time of the incident was incorrect. The was due to the change in time from BST to GMT.

We have now amended our records to reflect the correct time as 07.34 hrs on the 1/11/2025

Please accept this letter as official notice of the change of time.

Please complete the notice sent to you and return it to us.

If you wish to complete the form and then email it to us either as a document or as an image.

If there is any reason you are unable to complete the Notice or you have any questions, please contact us to discuss this.


Re: NIP time correction time letter issued after 14 days from offence
« Reply #6 on: »
For the sake of sanity - the offence over overtaking on zigzag lines is widely misunderstood - the offence is committed if you pass the car closest to the crossing while either it is moving, or it is stopped to give way to a pedestrian. If you did either of those things, you committed the offence. If not, you didn't.

Minor motoring offences are not "recordable" - which means that they are not recorded on your criminal record. They might be disclosed in an enhanced check, but unless it for a driving job where the points are the relevant issue, it would require very specific/contrived circumstances for anybody to give a monkeys.

I am responsible for the accuracy of the information I post, not your ability to comprehend it.