Date of Offence: 29th September. Date of NIP being issued: 21st October.
Is there a procedure to tell them to go forth and multiply in legal terms, or do you just ignore it?
(It's not mine, btw - mates. He just thinks I know how to sort these things out because I seem to be able to do so when I get one ;) ).
Richard
I assume you are the registered keeper of the vehicle? If so, you may be lucky. If not, Plod have a get out clause...
From a speed "failure to comply with the requirement of s1(1) of this act is not a bar to the conviction of the accused in case where the court is satisfied:-
(a) that neither the name and address of the accused nor the name and address of the registered keeper could with reasonable diligence have been ascertained in time for the notice to be served in compliance with s1(1)"
In the case of Clarke -v- Mould (1945)the police approached what was then the Motor Licences Department (now DVLA) in good time but were given wrong information from the Department which resulted in failure to serve the NiP in time. The defendant argued that because the Department had given out wrong details and the Department were, like the police, a government department, surely he should not be blamed for the police failure to serve. The Court disagreed. The Court said that the police only had to make reasonable and diligent enquiry as to the registered keeper. They did this, therefore they had complied with the rules of the relevant Act at that time. The above has not been challenged and we feel that in the current climate there is no merit in clients pursuing a defence on this basis.
The Act:
A: No. I am not the registered keeper of the vehicle. This is because it's NOT MY NIP, Conor :P
B: Helpful, and I am aware of that, but I want to know what to do when the NIP is sent to the registered keeper and current driver of the vehicle first, but outside of the 14 day limit. I think I was reasonably clear on that point.
Richard
If you look at the link, the act says it must be SENT within 14 days. It doesn't have to arrive there within 14 days, but has to be "created" within 14 days. The plod cop out is where the registered keeper isn't the driver or the registered keeper cannot be easily ascertained.
It probably would help having a solicitor send a letter. Saying that though, if your friend has a clean licence, it may be cheaper to take the points and pay the fine especially as most insurers won't load your insurance for a reasonable SP offence.
While we're all getting a bit tetchy and not reading things properly, can I just point out that, for as long as I've been alive, more than 14 days have always elapsed between 29th September and 21st October.
HTH.
You fill in the details thus meeting your legal obligation to name driver, etc, and reject the fixed penalty offer, noting on the form that you could not recall who was driving because 29th of September is more than four weeks ago and you don't tend to recall these things that far back as you share the car with other people and so forth.
Worst comes to the worst, they hold you responsible and you get the fine and three points.
Definite possibility, CPS tell the police "14 days, boys" and drop the case, or the police work that out for themselves and drop it first.
What they're possibly hoping is you accept the fine, admitting the offence even though they haven't got a case that they can make stick. Admit and pay, and all that tedious business with following procedures, having evidence, etc, can be discarded and they get their cut for sending a letter.
"You" above, is whoever.
Go to this website, everything you need to know about Timeout offences and the "14 day" Rule
Yeah - but we know the registered keeper (trader, identified via the yellow bit) has had the NIP, but the offence was on 29/09, the NIP created on 21/10.
More than 14 days, no?
Not the date of receipt, the date of the actual NIP.
So, my question is what he should do, not whether he's got away with it under the 14 day rule - I already know he has. I just don't know whether he sould send a letter saying "Sorry, 14 days are up mate", ignore it, or what.
Richard
Thanks Ronny - stuff linked from there on RAC site was useful.
See, the thing you get after the NIP (i.e. once the NIP has been responded to) is the Fixed Penalty Notice, apparently. That doesn't have the 14 day rule. This (I'm holding it right now) is definitely the NIP, apart from anything else, they don't get NIP out to registered (incorrect) keeper, a response, and an FPN out within three weeks - I know, I've had one (they sent it to me 21 days before the six-month deadline to prosecute - I had 28 days to respond ;) ).
Richard
FWIW the 14 day rule does not apply if the person who recieved the NIP was not the registered keeper, it also does not apply if they have to find you via the DVLA or via a company, as in a company car.
It only applies if you have owned the car for over 6months, and are the registered keeper.
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