NIP Speeding Letter. Dates all wrong?

[dgs]

Hi Guys
I had an NIP for doing 40mph on the coast road in Brighton in a 30 limit on 25th April this year.
It was in my firms van and the original letter they received was dated 16th June !!
I received it in internal mail from my head office on the 21st June.
I queried this with Sussex Police Sussex safer roads and I don't think they understood my rejection with a handwritten letter.
Part of their explanation was they sent it out 3 days after the offence (28th April)
Why would this letter have a date of 16th June on it? Amazing!!

Do I have a case?
In anticipation thanks for your help. DGS

[des8]

Re: NIP Speeding Letter. Dates all wrong?


The obligation on the prosecution is to show they served the Notice of Intended Prosecution 14 days or less from the offence.
The day of the offence is not counted in the calculation.
They do not have to show you actually received it, so the general rule that post is deemed to be served 2 days after posting applies.
As you were driving a company car the notice is sent to the company so it may be weeks, if not months, before you find out about it but again this does not invalidate the notice.
As the date on the NIP is somewhat out of time IMO you have a defence

[mystery1]

Re: NIP Speeding Letter. Dates all wrong?

The 1st NIP is all that matters for the 14 day deadline. It probably went to a lease company or whoever. That argument is dead.

There is however, a possibility that they will fail to adhere to the 6 month deadline if this plays out well.

The NIP your company sent you (which they shouldn't have), what is the deadline for naming you ?

M1

[des8]

Re: NIP Speeding Letter. Dates all wrong?

The 1st NIP is all that matters for the 14 day deadline. It probably went to a lease company or whoever. That argument is dead.

There is however, a possibility that they will fail to adhere to the 6 month deadline if this plays out well.

The NIP your company sent you (which they shouldn't have), what is the deadline for naming you ?

M1

True, if the company lease their vehicles.

[dgs]

Re: NIP Speeding Letter. Dates all wrong?

The head office received the first notice letter in June ....... it was on headed paper and dated 16th June 2016
The offence was April 25th. I got it in internal mail on 21st June.
Surely if it was valid the original letter should be dated within 14 days of 25th of April ?
The registration number came up as my works head office in Purfleet and it was sent to them.
But why would they date it 16th June?

[mystery1]

Re: NIP Speeding Letter. Dates all wrong?

Who cares ?

What is the deadline for your company to respond ?

M1

[dgs]

Re: NIP Speeding Letter. Dates all wrong?

The first NIP correspondence was sent to my head office as the registered keeper, and it was dated 16th June 2016.
The offence was 25th April 2016.
My head office sent me the letter in the internal post to fill out as I was the driver and I gave it back to them to send off.
So bearing in mind the letter was dated 16th June, 63 days after the offence?
I then received a letter 17th October saying thanks for sending the NIP back but it doesn't satisfy the lawful request for information as it was addressed to a company who are required to nominate the driver at the time and return it.
Then this office would send a request personally addressed to me as the driver to complete and return.
Please find enclosed a new document enclosed for me to fill out.
To which I sent a handwritten letter of rejection based on the fact that the offence was as i've said before 25th April and the first letter of notification was typed out by them, sent to the registered keeper and dated 16th June a whole 63 days after the offence.
The last correspondence I received from them in reply to my handwritten rejection was dated 16th September and basically says
I can confirm an NIP was sent out from this office on 28th April (why was it dated 16th June?) 3 days after the offence.
It also said a NIP should be sent out to the registered keeper within 14 days of the offence, after this they say there are no time limits on further NIPs which are sent out until a driver is traced. In summary they say it still stands and they have complied with the law sending it out within 14 days (they haven't) and sent further correspondence after that date.
Failure to return the notice will result in it being passed to a magistrates court both for the original offence and a further offence of failing to supply details which carries a maximum fine of £1000 and 6 points. (end of their letter)

My defence is as i've stated above ....... Offence 25th April. First letter from them dated 63 days after the offence 16th June.
Where is their argument? Anybody? Dust?

[mystery1]

Re: NIP Speeding Letter. Dates all wrong?

Part of their explanation was they sent it out 3 days after the offence (28th April)

They will have sent A letter to the registered keeper, it won't have been that one.

Have you seen the registration document ? What is the name and date on that ? Seen many people swear blind it was x when it was y.

You are walking smack bang in to an issue you don't need to. It appears to me, that you've had your own NIP & s 172 request and sent back a letter that doesn't fulfil you s 172 obligations. That's 6 points a big fine and an ms90 code on your insurance which insurance companies hate/love. They hate it because they have no idea about the underlying crime and can't risk assess properly and they love it as this allows a massive rate hike.

M1

[dgs]

Re: NIP Speeding Letter. Dates all wrong?

Ok will ring them tomorrow and ask if they can tell me their first port of call as regards the registration of the van.
They've not yet mentioned if I would be entitled to a driving course thing and a fine.
Thanks all for your help.

[des8]

Re: NIP Speeding Letter. Dates all wrong?

Get confirmation from DVLA (or your company) as to who is registered keeper.
As M points out, you are heading for a fall if your company lease their vehicles as the first NIP will have been sent to lease co.

OOps crossed with dgs

[dgs]

Re: NIP Speeding Letter. Dates all wrong?

Ok will ring them tomorrow and ask if they can tell me their first port of call as regards the registration of the van.
They've not yet mentioned if I would be entitled to a speed awareness course and a fine.
Thanks all for your help.

[mystery1]

Re: NIP Speeding Letter. Dates all wrong?

I'm telling you now, no chance.

Also no chance of a course.

Do you have a s172 request IN YOUR NAME ?

M1