NIP query re: 14 days

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mjt

mjt

mjt

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My sister received a speeding ticket, 38 in a 30 (she thought it was a 40) child killer bla bla

Anyway, the offence took place on the 2nd of April, and it was sent on the 26th of May.
I thought these things have to be sorted out within 14 days?

However, she's not the registered keeper but is insured as a named driver.
The NIP was sent to the registered keeper so the 14 days still applies if I understood pepipoo correctly as the police don't know that the registered keeper wasn't driving it at the time..?

http://www.pepipoo.com/NIP.htm

It's an NIP for £60 and 3 points, but if she attends some course she won't get the points so it's not the end of the world, but if she can get out of it then it's worth a try :p
 
police have to get the letter to the registered keeper in 14 days.

If they've done that then she'll just have to pay.
 
If the NIP didn't get to the RK within the 14 day window, and the RK hasn't recently changed address etc. then it sounds like it's timed out.
 
mjt said:
My sister received a speeding ticket, 38 in a 30 (she thought it was a 40) child killer bla bla

Anyway, the offence took place on the 2nd of April, and it was sent on the 26th of May.
I thought these things have to be sorted out within 14 days?

However, she's not the registered keeper but is insured as a named driver.
The NIP was sent to the registered keeper so the 14 days still applies if I understood pepipoo correctly as the police don't know that the registered keeper wasn't driving it at the time..?

http://www.pepipoo.com/NIP.htm

It's an NIP for £60 and 3 points, but if she attends some course she won't get the points so it's not the end of the world, but if she can get out of it then it's worth a try :p
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From what i gather there, theres nothing with your sisters name on it yet? The registered keeper will have to deal with the 14 day rule then and possibly get off the ticket, or pass on your sisters details to the police, the ball is in their court as to what to do.
 
The RK was changed too, but a while back now. I think even last year some time, so certainly a good few months before the offence occurred.

Between it taking place and the NIP being sent, 6 weeks passed so I think they should be all right..
 
Gribs said:
I'm not sure it applies in the way you seem to think it does. If the police post a letter today it's reasonable to asume that it will arrive within 14 days but if there's a strike in progress and there are big delays then it's not.
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Strikes don't just happen. With the full balloting process etc there is generally 4 weeks between the strike being announced and it occuring. If a strike is planned during the 14 day period of a NIP then this has to be taken account of when the NIP is sent.

As to the original poster you don't make it clear if the registered keeper received the NIP within 14 days. If they did, filled in the bit with the actual drivers address and name then sent it back then unfortunately the time requirements don't apply.
 
I don't suggest this to the OP but what's stopping an offender claiming the letter didn't reach them in the 14 day window?

Surely the Police have to send it signed and tracked, otherwise it's open to lots of abuse?
 
Tute said:
I don't suggest this to the OP but what's stopping an offender claiming the letter didn't reach them in the 14 day window?

Surely the Police have to send it signed and tracked, otherwise it's open to lots of abuse?
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This was what I was kind of saying earlier, I have had nips In the post and don't remember them being recorded delivery. If the person is on holiday how are they going to know when it was received? There are so many different situations that could lead to the letter not turning up. If you do have to sign for the letter, what if you refused? You technically haven't received the nip as it would be returned to sender??
 
supermodder said:
This was what I was kind of saying earlier, I have had nips In the post and don't remember them being recorded delivery.
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A recent court case (linked above) has clarified that proof of sending via an unrecorded service is not proof of delivery as used to be assumed by the Police.
 
Dogbreath said:
A recent court case (linked above) has clarified that proof of sending via an unrecorded service is not proof of delivery as used to be assumed by the Police.
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That doesn't clarify that at all. It just means in abnormal situations where a delay is known about beforehand that it not acceoptable to send via normal post.
 
speed awareness courses still get taken in to consideration at the renewal of your insurance aswel , just because you didnt get the points doesnt mean the offence didnt happen :)
 
To what does the 14 days refer?
The amount of time between the letter being sent and received, or the amount of time between the offence and the letter being sent?


Alibaba99 said:
As to the original poster you don't make it clear if the registered keeper received the NIP within 14 days. If they did, filled in the bit with the actual drivers address and name then sent it back then unfortunately the time requirements don't apply.
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The RK is her boyfriend, and they live together. It was addressed to him at their address.
This is the first piece of information either of them have received on this matter.
 
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Gribs said:
That doesn't clarify that at all. It just means in abnormal situations where a delay is known about beforehand that it not acceoptable to send via normal post.
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I suggest m'learned friend do a bit more investigation before making incorrect rebuttals. This trial centred around whether the changes made to the RTA to allow delivery via the standard postal service were covered by the "Proof of sending is proof of serving" clause, and it turns out it isn't. It's thought this was probably an oversight when the changes were made, but the point stands.

Have a look at Gidden v Director of Public Prosecutions.
 
SGWills said:
speed awareness courses still get taken in to consideration at the renewal of your insurance aswel , just because you didnt get the points doesnt mean the offence didnt happen :)
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Hmm no they don't. That's kind of the point. If you go to the course, they don't prosecute you for the speeding offence. Thus, when asked if you have any speeding convictions, you can honestly reply "no".
 
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