NIP question

Looks like they're out of time then. I would still reply to them saying who the driver was (you technically are still required to tell the Police this) but simply say the NIP was served beyond the time limit and that if they wish to pursue it, you'll request a court hearing.

Of course get proper legal advice to confirm what I've said ;)
 
Nathan said:
Please don't fall into the trap on perverting the course though because that is proper squeaky bum time. I can remember quite well who was driving my cars over the last few
Months, time, date, location
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definitely not aiming to go down that line. we genuinely dont know who would have been driving and i just want to be careful with our reply so that we dont fall foul of s172. a s172 offence is where you fail to identify a driver. at this stage, we plain do not know who the driver is as we received the NIP 64 days after the offence.

i have asked for more evidence
 
I honestly think you're wasting time with this.

If the registered keeper does not know who was driving then they are liable. Simples.

Just tell them it was her and then point out they are out of time.

Wasting time asking for proof of who was driving wont help. They don't care that you don't know, and will just hold her liable anyway when you get a photo of the back of your head rest.
 
no, its far from as simple as that. s172 has exceptions

S 172(4) A person shall not be guilty of an offence by virtue of paragraph (a) of subsection (2) above if he shows that he did not know and could not with reasonable diligence have ascertained who the driver was."

and with regard to the "obligation" to identify the driver, i defy anyone here to quote me the statute/law/regulation/law/act etc from where that obligation arises?
 
Not quite sure why you care, or indeed are arguing against it though.

Quite simply if your other half is the registered keeper, and takes the matter into her own hands, then she can reject the NIP based on the time it took to serve it.

Surely you might as well end this as easily and quickly as possible, rather than faff around trying to prove that you cannot ascertain the driver, only for the problem to come back to your other half in due course, leaving you in the situation you would be in right now if she took ownership anyway.
 
You are missing the point. They can't action the NIP as it's time-expired, therefore the S172 argument is irrelevant.

Fight the battles you can win. ;)
 
Matt82 said:
On 1 July the DVLA re-registered the car due to it being listed as a Volkswagen GTI and the address was updated.
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So was the address previously wrong?

If your address was previously incorrect, then this will nullify the debate about whether they're too late to issue the NIP.

They only need to take reasonable measures to contact you within 14 days. If they sent the NIP to the wrong address, because your DVLA details were wrong, then I don't think you'll be able to pursue the 'it took 60+ days' argument.
 
div0 said:
So was the address previously wrong?

If your address was previously incorrect, then this will nullify the debate about whether they're too late to issue the NIP.

They only need to take reasonable measures to contact you within 14 days. If they sent the NIP to the wrong address, because your DVLA details were wrong, then I don't think you'll be able to pursue the 'it took 60+ days' argument.
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This is a good point.
 
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