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Rybo89

Rybo89

Rybo89

Soldato
Joined
13 Jun 2007
Posts
13,951
Location
Chesterfield
Been caught speeding in the company van on the 21st December. Wasn't issued till the 8th of Jan.

Is it 14 working days or just 14 days?

What are my chances?
 
Theyll get round it, they allow extra time for the administration on company vehicles to find out who the driver was.

Its a system that is geared toward absolutely screwing you

edit: wont you think of the children etc
 
Is the car registered to you, the company you work for or the lease company? I think this changes the rules on when you personally need to have received the NIP.
 
Your names not Padfield is it?

I've just had to send a speeding fine to one of our van drivers, dates match as well :D
 
Housey said:
The courts will allow for holidays, the 14 day rule is a guideline, not a law.
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Not so sure on that. They have 14 days to serve the notice, as per the Road Traffic Offenders Act 1988.

Edit: There are exceptions regarding who is the registered keeper etc. I am not a lawyer, all comments are my opinion only. Batteries not included.
 
Dabbles said:
Not so sure on that. They have 14 days to serve the notice, as per the Road Traffic Offenders Act 1988.

Edit: There are exceptions regarding who is the registered keeper etc. I am not a lawyer, all comments are my opinion only. Batteries not included.
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As I said, it isn't a black an white 14 days as people believe it to be.
 
Housey said:
The courts will allow for holidays, the 14 day rule is a guideline, not a law.
Click to expand...

The NIP must be received within 14 days and must be sent with the expectation of arriving within that time. Therefore holidays, Sundays and postal strikes must be accounted for with the postal date. This has been confirmed by a court case a couple of years back.

However, if the vehicle isn't registered to you (ie a company one) then the registered owner must receive the NIP within the 14 days and then there are no time limits on how long it takes to identify the actual driver.
 
Alibaba99 said:
The NIP must be received within 14 days and must be sent with the expectation of arriving within that time. Therefore holidays, Sundays and postal strikes must be accounted for with the postal date. This has been confirmed by a court case a couple of years back.

However, if the vehicle isn't registered to you (ie a company one) then the registered owner must receive the NIP within the 14 days and then there are no time limits on how long it takes to identify the actual driver.
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Once again incorrect.

There is no onus on the authorities to prove it was received by the vehicle owner within 14 days. There is an onus to demonstrate they attempted to notify the owner within that 14 day window, NOT to confirm the owner received it. If the letter is delayed, if the person does not receive it for say 23 days for some reason outside of the control of the authorities they are still liable for the fine and there have been many legal cases that will support this.

I am not clear on the full details of the OP's case and if his company was notified (ie a letter was sent within) 14 days, at which point they would be requested to confirm the driver and in turn the driver would then be notified of their intentions to prosecute. This could take many weeks, the driver is still obligated.

If it can be proven that they have sent the first notification after 14 days to owner then there is perhaps a route out, but I am not clear if this is what happened here.
 
Matt82 said:
Theyll get round it, they allow extra time for the administration on company vehicles to find out who the driver was.

Its a system that is geared toward absolutely screwing you
Click to expand...

How is that "geared toward absolutely screwing you"?
 
Housey said:
Once again incorrect.

There is no onus on the authorities to prove it was received by the vehicle owner within 14 days. There is an onus to demonstrate they attempted to notify the owner within that 14 day window, NOT to confirm the owner received it. If the letter is delayed, if the person does not receive it for say 23 days for some reason outside of the control of the authorities they are still liable for the fine and there have been many legal cases that will support this.

I am not clear on the full details of the OP's case and if his company was notified (ie a letter was sent within) 14 days, at which point they would be requested to confirm the driver and in turn the driver would then be notified of their intentions to prosecute. This could take many weeks, the driver is still obligated.

If it can be proven that they have sent the first notification after 14 days to owner then there is perhaps a route out, but I am not clear if this is what happened here.
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I have stated that the NIP must be served with the expectation that it will arrive within 14 days (which doesn't contradict what you wrote above). If the NIP was posted on the 13th day but the 14th and 15th were holidays then it cannot be expected to arrive within time and therefore could be ignored. You do state that the 14 days is a guideline, it isn't, it is a requirement. The only exceptions are where NIPs are sent to employers or the owner has moved address and it takes a while to track the correct location.

Honest John Website said:
1/ There is a statutory requirement to "serve" the NIP within 14 days of the offence - calendar not working days, otherwise it is invalid and can be ignored or returned with a note to that effect.

2/ Given the volume of NIPs the authorities do at times have difficulty in keeping pace - and in my view it would not be that unusual for them to miss the deadline - or to carry on anyway in the hope that no one will notice.

3/ Posting on the 14th day is not sufficient - it must be SENT by the 13th day at the latest and by 1st Class post
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I think we agreeing and you are right, the term guideline was inappropriate. My point is, that the arrival of an NIP has little or no impact on its legal standing. If it can be proven it was sent within the 14 days then it's arrival might be 3 months late, but that is irrelevant if the first bit stands.
 
Sorry guys, only just finished work.

All i know of yet is that i was caught on the 21st Dec, the head office was notified on the 8th Jan and my workplace only just told me today.

I have not received anything in the post. Bit confused with it all as to why i have only just been told and why i haven't heard anything yet...

If there is a way out, ill try go for it.

Anyone from Chesterfield, (Tim, GT3 etc) i was caught on Station road, Brimington. Biker cop was hiding behind a bush next the The Mill pub where the Canal entrance is , got me as i was coming over the bridge.

must have made a fortune that day as 99% of the cars go 40-50mph down that road.
 
Head over to pepipoo.com for honest advice.

You can defend a speeding charge if the NIP arrives after 14 days, but you still MUST name the driver via the S172 request. If you don't do this then you can be liable for 6 points, large fine, and a code on your license that most insurers will load your premiums for 5 years. If the vehicle is leased, then the first NIP may go to leasing company, then your fleet manager, then you. Only the first NIP has to be within the 14 days. Find out who the registered keeper is, is it your company or a leasing firm.

You MUST name the driver within 28 days. Defending the speeding charge comes later.

You can write the camera office to ask for pictures to help identify the driver, but do not use words like "evidence", as you not entitled to evidence unless you go to a trial. Asking for pictures does not halt the 28 days for teh S172 request.

What was the speed, a small amount over will almost certainly be a safety course now.

Remember, a lot of the "loopholes" people claim they know have been clamped down on in recent years, getting out of stuff is harder.
 
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