Author Topic: Road traffic offence on Jct 5-4  (Read 160 times)

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Road traffic offence on Jct 5-4
« on: November 20, 2023, 06:35:01 pm »
Hello,

I got a letter from Essex police requesting for details of the driver, it says that I was driving without due care and attention but I donít remember what I did and the offence happened on 07/10/23 and letter dated 15/11/23 which I received in the post on 18/11/23.
I thought they were supposed to send the letter within 14 days of any road traffic offence or am I wrong.

I have attached the letter please advise.

Thanks

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andy_foster

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Re: Road traffic offence on Jct 5-4
« Reply #1 on: November 20, 2023, 08:11:28 pm »
Not sure why this thread is locked Not sure why the OP locked his own thread  ::) - tends to reduce the amount of advice given if posters can't reply...

The 14 day rule only applies to the first NIP - to the RK, and does not apply if certain exceptions apply - e.g. it was not reasonably practicable to ascertain the driver or RK's details in time to serve a NIP within the 14 days.

4 possibilities -
You are not the RK
NIP was sent in good time but not received and this is a "reminder" - burden of proof of non service falls to the defence.
Was reported by a member of the public (e.g. operation snap) - too late for the police to serve a NIP within the 14 days
They dropped the ball.

AIUI, the legislative purpose of the requirement for a NIP is to enable the accused to recall the event(s) that gave rise to the allegation while they are still relatively fresh in hi mind, and potentially gather evidence to support any potential defence. The police's view seems to be that all they need to do is state the headline nature of the offence.

edit: as regards the paperwork - for NIPs from the police, we don't need to see the whole thing (or any actual pages for that matter) - just the date of issue and description of the alleged offence (time/date, location, nature - as written).
« Last Edit: November 20, 2023, 08:34:10 pm by andy_foster »
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The Rookie

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Re: Road traffic offence on Jct 5-4
« Reply #2 on: November 21, 2023, 09:01:40 am »
If I were to hazard a guess, you aren't the registered keeper but instead a finance/lease/hire company is, as that entity would only have to be served the NIP with 14 days and would have 28 days to reply clearly there can be no 14 day requirement on subsequent notices.

The other common reasons are that the details are out of date DVLA due to a recent purchase or move (or not so recent move if the keeper has simply forgotten to ever update the V5c details, although may have remembered to just update licence details) where the details were still waiting to be updated at the time of the alleged offence.
There are motorists who have been scammed and those who are yet to be scammed!

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Re: Road traffic offence on Jct 5-4
« Reply #3 on: November 21, 2023, 08:05:03 pm »
Hi
Yes the car is leased by me so you are right it must have gone to the company who would have given my details.
What should I do now do you think, should I fill in the my details on the form and see what they come back with

M60NJP

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Re: Road traffic offence on Jct 5-4
« Reply #4 on: November 22, 2023, 07:24:34 am »
As - at this stage - you are only being asked for the driver details, you must do this. Otherwise it's 6-points and a alrge fine!

The Rookie

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Re: Road traffic offence on Jct 5-4
« Reply #5 on: November 22, 2023, 08:11:41 am »
should I fill in the my details on the form and see what they come back with
Yes, the only other option is not to do that (6 points and fine and costs typically of around £500 and a licence code the insurers love... to hate.) so it's best to.
There are motorists who have been scammed and those who are yet to be scammed!

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Re: Road traffic offence on Jct 5-4
« Reply #6 on: November 22, 2023, 07:56:18 pm »
Ok thanks