bhouse Posted July 31, 2009 Posted July 31, 2009 Just received an NIP alleging an offence on 13/07/09. The letter was postmarked 30/7/09 and the NIP is dated 29/07/09 which is 15 days after the alleged offence. Can anyone please confirm that they still required to send the NIP out within 14 days? Brian Quote
peterg Posted July 31, 2009 Posted July 31, 2009 Best resource for checking this is www.pepipoo.com Quote
bhouse Posted July 31, 2009 Author Posted July 31, 2009 Thanks - I've already checked Pepipoo and couldn't find any current advice. Knowing the rate at which our present government rewrites the rulebook I thought I'd turn to the massed consciousness of the WSCC just in case the rules have changed in the last year or so! Brian Quote
nikpro Posted July 31, 2009 Posted July 31, 2009 Just received an NIP alleging an offence on 13/07/09. The letter was postmarked 30/7/09 and the NIP is dated 29/07/09 which is 15 days after the alleged offence. Can anyone please confirm that they still required to send the NIP out within 14 days? Brian I think you have a good case - keep all letters and envelops with postmarks safe. (which Force is it from?) Quote
bhouse Posted July 31, 2009 Author Posted July 31, 2009 Cheers Nik, It was from Kent. The alleged offence is 38 in a 30 on the London Road in Southborough. My wife had the car that day and has no recolection of exceeding any speed limits but we all know that the camera cannot lie, don't we Brian Quote
chappers Posted July 31, 2009 Posted July 31, 2009 I was told it was 14 days plus 3 days for postage, so 17 days in total. After that they can bogoff. I could be wrong though. Quote
XTR2Turbo Posted July 31, 2009 Posted July 31, 2009 It also depends if the car registered in your name or a finance / leasing company that they need to write to first. Quote
tex Posted July 31, 2009 Posted July 31, 2009 i always thought there was no time limit.. If your caught your caught.. Quote
bhouse Posted July 31, 2009 Author Posted July 31, 2009 i always thought there was no time limit.. If your caught your caught.. As usual it's a bit more complicated than one might suppose. In the case of a fixed penalty notice from a camera (ie you were not spoken to at the time of the alleged offence) then they have to notify the registered keeper. It seems from my reading of the rules that they have to serve the notice within 14 calendar days - i.e. it should be postmarked no later than the 13th day after the offence. If it's a company car or a hire car I believe that they are allowed longer to track you down. I'm writing to say that I consider this particular NIP invalid. I'll let you know how I get on... Brian Quote
Robin Posted July 31, 2009 Posted July 31, 2009 The Notice of Intended Prosecution was issued out of time, what do I do now? If you are the registered keeper of the vehicle and the ISSUE date on the Notice of Intended Prosecution is more than 14 days after the offence, then you can reject it. This only applies if it is dated more than 14 days after the alleged offence. It does not apply if it is dated within 14 days but received more than 14 days after the offence. If the NIP has been issued too late, then you should return it to the Process Office stating that you reject it because it is time barred. Bear in mind that if you are not the registered keeper, the NIP may have originally been issued within time and sent to the keeper. Fromhttp://www.motorlawyers.co.uk/procedure/notice_of_intended_prosecution.htm Robin Quote
bhouse Posted July 31, 2009 Author Posted July 31, 2009 Thanks, Robin - I hadn't come across that site before but it seems to suggest the the NIP is indeed invalid I should get lots of brownie poiints from Mrs H on this one Brian Quote
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