My Old Address Was On The Log Book

Question:

Hi there, I have today (30 Jan) received an NIP which is dated 28/01/2013, for an offence of excess speed (38MPH in a 30MPH zone) alleged to have taken place at 09.01 on 27/11/2012. Obviously the NIP is dated, and has been received, long after the 14-day limit.

However, my driving licence has – until today – been registered at a previous address. I have just updated the DVLA with my new address, however, I still own the property at the previously registered address, which is unoccupied. I visited the property in late December 2012 and checked the post that had been received.

There was nothing from the police. So, my question is, how do the police prove that they sent the notice to the previously registered old address, and, how did they get my new address?! Should I just send the NIP back stating time-expired? Thank you,

Dominic Says:

You still have to name the driver. If the NIP is defective you can still get prosecuted for failing to name.

You have to deal with the request from information. If you then believe the NIP is defective you take the speeding matter to court by rejecting the fixed penalty offer.

Their is a presumption of service within 14 days to the last known address. The police will rely on this presumption if you try and argue they did not comply with the 14 day rule. You have to rebut that presumption to win at trial…

They probably tracked you down through the insurance database.

Have you got any points already? If so how many? The speed alleged would normally mean you can do a course and avoid points. If that’s your primary aim then that’s the most certain way of achieving it.



About Dominic Smith

With a comprehensive knowledge of Uk motoring law, Dominic is an invaluable member of the Patterson Law team his specialist areas include; - drink-driving - failing to name driver - failing to stop - failing to report - special reasons arguments
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