NIP query re: 14 days
- Thread starter mjt
- Start date
that is what i understand the new ruling to mean
If this is not the case, under the previously understood rule, it must be postmarked within 14 days.
If its postmarked after 14 days of the offence its academic about this high court ruling as it wasnt sent within 14 days, let alone received.
If this is not the case, under the previously understood rule, it must be postmarked within 14 days.
If its postmarked after 14 days of the offence its academic about this high court ruling as it wasnt sent within 14 days, let alone received.
Ah, I see the confusion.
There's only been one letter, to the RK. Sorry
She told me she received it, so that's what I said.
But it was addressed to him, even though she was driving. (Naturally, what with him being the registered keeper and all..)
In that case, it's invalid. There's nothing to pay.
Soldato
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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
Absolutely wrong. Where do people get their information? The course means that there are no points or endorsements on your license, hence no conviction for a traffic related offense happened, you do not have to tell the insurance agency that you went on a course afaik.
it shows as a SAC offence on some insurance companies system, ring them up and ask
as i mentioned just because theres no points doesnt mean you werent speeding, so you can still rack up another 12 points before your banned*** Edit - just taken from admiral group claims and convictions questions
Has any driver had any motoring offences, fixed penalty points or disqualifications, including any pending convictions in the last 5 years?
so the offence of speeding is still commited, just the outcome was no points
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I'll quote from the link posted
That seems to imply that in normal circumstances it being posted within 14 days is enough. The very fact that nips aren't now sent by recorded delivery would seem to back this up.
Soldato
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it shows as a SAC offence on some insurance companies system, ring them up and ask
*** Edit - just taken from admiral group claims and convictions questions
Has any driver had any motoring offences, fixed penalty points or disqualifications, including any pending convictions in the last 5 years?
so the offence of speeding is still commited, just the outcome was no points
I have 4 mates who've done this speed awareness course and know 2 people at work, the instructor told them they did not have to declare to insurance and none have, with no consequence + i know for a fact Elephant checked one of my mates license as i was there when he was on the phone, i reckon it was because it was his 2nd yr driving. I'm sure the course does not count as a prosecution thus as far as law is concerned nothing happened.
it shows as a SAC offence on some insurance companies system, ring them up and ask
*** Edit - just taken from admiral group claims and convictions questions
Has any driver had any motoring offences, fixed penalty points or disqualifications, including any pending convictions in the last 5 years?
so the offence of speeding is still commited, just the outcome was no points
It's only a "motoring offence" if you were prosecuted. If you go on the course, they do not prosecute you. Thus, no motoring offence.
so if you take the course, you "weren't" speeding?
if you were not prosecuted why you attending a course?
you were caught speeding and given 3 points on your license or you were caught speeding and given a course to attend
the outcome is different but the reason why the points are issued or your attending the course is the same because mr plod stopped you for being over the speed limit
the offence is not sticking to the speed limit, being prosecuted is a conviction - so both would need to be advised. if you dont advise your insurance company thats your problem, but from what i see on a daily basis i would say speak to your current insurance company
if you were not prosecuted why you attending a course?
you were caught speeding and given 3 points on your license or you were caught speeding and given a course to attend
the outcome is different but the reason why the points are issued or your attending the course is the same because mr plod stopped you for being over the speed limit
the offence is not sticking to the speed limit, being prosecuted is a conviction - so both would need to be advised. if you dont advise your insurance company thats your problem, but from what i see on a daily basis i would say speak to your current insurance company
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You only get offered this course if you were only slightly too fast anyway. Like getting caught doing 35 in a 30. Since it's so minor, they're happy to let you off without a prosecution if you agree to attend the course. Which is fair enough. It's not a prosecution, it's a slap on the wrist and a warning not to do it again.
exactly
it doesnt get recorded you went on a speed awareness course on your license for a reason - they decided against prosecuting you and offered a course instead.
How can insurance companies reasonably track who has been sent on courses and who hasnt ?
Points is easy, just ask to see a photocopy of the license. But what about the course ? Its just simply not enforcable.
The DVLA hold information as to who has been on a course, that's how the police know not to offer you a second course (you're only allowed to do one every 3 years), not saying the insurance have access to this information, but it is out there.
Anyway, if the RK nominates the OPs sister then this is going to end badly for her as they can just send another NIP out without having to worry about timing.
I would suggest that the RK simply circle the offence data and the date sent on the front of the NIP and write "out of time" on it, then post it back and see what happens.
It should however be noted that this isn't entirely risk free for the RK as they may come up with some excuse as to why it took 6 weeks and prosecute for not supplying the requested information.
Anyway, if the RK nominates the OPs sister then this is going to end badly for her as they can just send another NIP out without having to worry about timing.
I would suggest that the RK simply circle the offence data and the date sent on the front of the NIP and write "out of time" on it, then post it back and see what happens.
It should however be noted that this isn't entirely risk free for the RK as they may come up with some excuse as to why it took 6 weeks and prosecute for not supplying the requested information.
Cheers Lum.
However, the RK's on a provisional which could make this interesting
Perhaps it might just be best to admit the RK wasn't driving, and then she can attend the course.
I'll pass on what's been said, although I do think that 6 weeks is rather a long time between the offence taking place and sending out the NIP.
Like someone said earlier (although this isn't the case), the RK could easily argue that they have no idea who was driving as it was so long ago.
Although it happened in Bath and the RK's address is in London..
However, the RK's on a provisional which could make this interesting
Perhaps it might just be best to admit the RK wasn't driving, and then she can attend the course.
I'll pass on what's been said, although I do think that 6 weeks is rather a long time between the offence taking place and sending out the NIP.
Like someone said earlier (although this isn't the case), the RK could easily argue that they have no idea who was driving as it was so long ago.
Although it happened in Bath and the RK's address is in London..
The appeal clarified that fact that sending via standard posts creates a rebuttable assumption that the notice has been served; in the case of a recorded service it is an irrebuttable assumption.
This means they can continue to send NIPs via normal post, but if you can prove late delivery (e.g. get your postman to witness you opening the NIP), then even if it was posted in time the NIP will still not have been served.
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