NIP Served Late

Question:

I have received an NIP from Lincolnshire police for a speeding offence.

The Vehicle was LC09 HUH and was hire car from Hertz uk Teesside Airport.

The alleged incident was 26/01/x

Hertz uk Received NIP on 12/02/x

I received NIP on 20/02/x

As the NIP did not arrive to registered keeper within 14 days (actually arrived 17 days) I have not replied to my NIP as I believed it to be invalid.

I have now received a reminder on 19/03/x giving me 7 days to reply.

Could you advise me:

Should I reply, if so what should I say in my reply?

Dominic Says:

Be careful with this one. A defective NIP is a not a defence to failing to name the driver. You run the risk of 6 points if you don’t go back to them immediately with that information.

The police don’t need to send a NIP at all to prosecute for failing to name the driver.

A defective NIP is only a defence to the original offence – so in this case the speeder. What was the speed alleged by the way? Have you got any points already?

The best thing to do right now is ask them why they delayed in sending the NIP to Hertz. They will probably say they sent it well within the 14 days. To prove the NIP was defective you would need to convince the court that Hertz did not receive it until outside of the 14 days.

Have you got someone from Hertz that is willing to come to court and give evidence to that effect?

The service issue is a rebuttable presumption – that means that you have to show it was delivered outside the 14 days, rather than the police having to prove it was served within that period.