NIP Rules
Late NIP
I have had a letter dating 26th March for intended prosecution for 36 in a 30. The date of the offence is the 19th Feb. I have been told that they have to let you know within 14 days about the notice of prosecution.... is this correct? If so, where do I stand?
Thanks
Are you the registered keeper of the car? If you are they have to send the NIP within 14 days unless you have moved recently or only just bought the car. If you still think you have an argument come back to me.
Reply:
Really appriciate your response. Yes, I am the registered keeper of the vehicle and no I haven't moved or recently bought the car. I make it approx 31 days from the incident to the letter of NIP. What shoud I do next?
Answer:
Okay, understood.
The next step is to call the police and ask them why the delay? I suspect they will say that they sent one within 14 days (which you didn't get) and that this is a reminder...
Asking them what went wrong will not compromise any potential defence - but they may have a good reason which amounts to an exception to s.1 RTOA 1988.
Come back to me when you get there response.
If they claim it was a reminder you will still have a defence to the speeder (you need to name yourself as the driver though) if you can rebut the presumption that it was served within 14 days. Get them to tell you the date they sent out the first notice, if they claim they did send an earlier one.
Come back to me.
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