Author Topic: Offence on 16th April - NIP Received on 29th June - 74 days later!  (Read 353 times)

0 Members and 0 Guests are viewing this topic.

glad_zone

  • Newbie
  • *
  • Posts: 3
  • Karma: +0/-0
    • View Profile
Hi,

I received in the post 2 letters:

Letter 1 - Dated 28th June
"Enquiries with the DVLA in relation to the above numbered notice suggest that the address detail held on record is incorrect..."

Letter 2 - Dated 29th June
Notice of Intended Prosecution - "Speeding - exceed temporary restriction of 30mph on a motorway" on 16/04/2024. The vehicle was recorded at a speed of 38mph. The alleged offence was detected with the aid of safety camera equipment.

During lockdown I updated my driving licence to be at my parents address as I moved in with them, my car was still registered to my usual address.

I'm guessing that this is why I received the letter on the 28th June - presumably as they noticed some discrepancy between my driving license and my V5C document. I am the registered keeper. There has not been anything sent to me at my parents address (where my drivers licence is registered).

It seems that the NIP was dated 74 days after the incident, what are my options if I believe I was not notified within the required 14 day window?

Thanks :-)

Share on Facebook Share on Twitter


andy_foster

  • Global Moderator
  • *****
  • Posts: 493
  • Karma: +8/-4
  • Location: Reading
    • View Profile
Re: Offence on 16th April - NIP Received on 29th June - 74 days later!
« Reply #1 on: July 08, 2024, 09:52:12 am »
The address on your driving licence is (or at least should be) utterly irrelevant.

What is the date after the DocRef. No. at the bottom of page 2 of your V5C?
Is your address on your V5C correct?
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

NewJudge

  • Full Member
  • ***
  • Posts: 210
  • Karma: +9/-0
    • View Profile
Re: Offence on 16th April - NIP Received on 29th June - 74 days later!
« Reply #2 on: July 08, 2024, 09:57:07 am »
Are you saying you received nothing at the address where the vehicle is registered either?

The police send any notices regarding the vehicle to the address of the Registered Keeper, as held by the DVLA and a shown on the V5C. They cannot use a driver's licence address because the law says it must be sent to the RK's address. Apart from that they do not know who the driver was. Along with the NIP you will probably find a  "request for driver's details" which you must respond to.

Your options are somewhat limited. In fact you have only one: to respond to that request for driver's details to ensure that (a) you do not commit a separate, more serious offence of failing to do so and (b) to be in time for the police to offer whoever was driving any out-of-court solutions they think fit.

When the issue of the two different addresses is clarified, whoever was driving may have a defence if no NIP was properly served. But that's a bit confusing with the information you have provided.
« Last Edit: July 08, 2024, 10:00:24 am by NewJudge »

glad_zone

  • Newbie
  • *
  • Posts: 3
  • Karma: +0/-0
    • View Profile
Re: Offence on 16th April - NIP Received on 29th June - 74 days later!
« Reply #3 on: July 08, 2024, 11:05:48 am »
Thanks for your responses! Apologies I could have been clearer on the addresses...


What is the date after the DocRef. No. at the bottom of page 2 of your V5C?


Date on page 2 of V5C is 15/07/2016

Is your address on your V5C correct?


Yes, the address on the V5C is correct, it is my current address and I am the Registered Keeper of the vehicle. It is the address where both letters were sent to.

Are you saying you received nothing at the address where the vehicle is registered either?

Both letters were received to the registered address on the V5C.


Now that I have clarified the queries on the addresses, is the best course of action for me to respond to the "request for drivers details"?

The Rookie

  • Sr. Member
  • ****
  • Posts: 364
  • Karma: +5/-0
  • Gender: Male
  • Location: Warwickshire
    • View Profile
Re: Offence on 16th April - NIP Received on 29th June - 74 days later!
« Reply #4 on: July 08, 2024, 12:04:27 pm »
Of course the V5c you have may not be the latest one issued, all you can do is
1/ Check online when the last change to your V5c was made - https://vehicleenquiry.service.gov.uk/ the summary page will give "Date of last V5C (logbook) issued" in the second to last line.
2/ Contact DVLA and ask.
3/ Make the point in a letter attached to your reply naming the driver

Do 1/ first as a quick and easy check.
There are motorists who have been scammed and those who are yet to be scammed!

NewJudge

  • Full Member
  • ***
  • Posts: 210
  • Karma: +9/-0
    • View Profile
Re: Offence on 16th April - NIP Received on 29th June - 74 days later!
« Reply #5 on: July 08, 2024, 01:55:43 pm »
Now that I have clarified the queries on the addresses, is the best course of action for me to respond to the "request for drivers details"?
You must respond to the request for driver's details, regardless of any issues you may have with the timeliness of the NIP. The request is a separate document (even though it is probably printed on the same sheet of paper as the NIP) and is subject to different legislation. In particular it is not subject to the 14 day rule (or any other rule concerning its timing). Failure to respond will see you commit a separate, more serious offence which carries six points.

If the driver challenges a prosecution on the basis of a late NIP, all the prosecution has to do is to prove it was sent so as to arrive within 14 days. If they do that, it will be for the driver to prove that it was not.

There may be a good reason why these latest letters were not sent earlier, but in the meantime you need to respond by providing the driver's details.

andy_foster

  • Global Moderator
  • *****
  • Posts: 493
  • Karma: +8/-4
  • Location: Reading
    • View Profile
Re: Offence on 16th April - NIP Received on 29th June - 74 days later!
« Reply #6 on: July 08, 2024, 02:44:32 pm »
The police have sent a letter, which on the face of it appears to be utter bollox, dated a day before the NIP, hinting at an excuse for serving the NIP late.

"The police" in this case will be a civilian department operated largely on the same principles as a sausage machine, funded by questionable practices.

Whilst I would not necessarily automatically trust any information provided by them, in the first instance (having already checked the V5C) I would be phoning the CTO and politely asking what is going on.

N.B. To my recollection, this is the second case we have seen with such a letter.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

glad_zone

  • Newbie
  • *
  • Posts: 3
  • Karma: +0/-0
    • View Profile
Re: Offence on 16th April - NIP Received on 29th June - 74 days later!
« Reply #7 on: July 12, 2024, 09:02:43 am »
Of course the V5c you have may not be the latest one issued, all you can do is
1/ Check online when the last change to your V5c was made - https://vehicleenquiry.service.gov.uk/ the summary page will give "Date of last V5C (logbook) issued" in the second to last line.

So I did this, and it appears I am in the wrong  :-[ - thanks Rookie for making me check - it turns out that the date on the online service was more recent so it looks like I did actually change the address of the V5C to my parents during lockdown.

I've just spoken to them and there was a NIP waiting for me dated only 3 days after the speeding event  :(

Sorry for giving you the wrong information (the original V5C I was looking at was a scan of the old one on my computer)

So clearly I am going to be in a spot of bother having not responded to the first NIP back in April - so as NewJudge suggests I will respond to the request for information and see what happens.

Argh!

The Rookie

  • Sr. Member
  • ****
  • Posts: 364
  • Karma: +5/-0
  • Gender: Male
  • Location: Warwickshire
    • View Profile
Re: Offence on 16th April - NIP Received on 29th June - 74 days later!
« Reply #8 on: July 12, 2024, 09:52:45 am »
so as NewJudge suggests I will respond to the request for information and see what happens.
The Police are rarely interested in prosecuting the 'failing to furnish' (drivers details) offences unless left no choice, here they have caught up with you in good time, reply promptly and it's all but certain they will now only progress the original offence. For 38/30 you will almost certainly be offered an awareness course (cost 100) to dispose of the allegation, it it gets past 120 days then it will be an offer of a Fixed penalty (3pts/100) which could 'just' happen if you reply right at the end of the time (assuming they have given you 28 days) and they are slow processing your response.
There are motorists who have been scammed and those who are yet to be scammed!