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#Post#: 115083--------------------------------------------------
Devon & Cornwall Police sent NIP 64 days after offence,
please help!
DIR By: Chelswilly
Date: April 2, 2026, 12:58 am
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Hi everyone,
My partner (the RK of the car) received a NIP in the post.
Letter is dated 30th March but the offence took place on 25th
January.
I was the driver at the time, not my partner, but due to the
time passed surely we can reject as time barred?
Just wanted to try and find out the best course of action here.
We were going to respond to the NIP stating I was driving anyway
as we have heard that not responding to that is an offence in
itself, but how would we deal with the time passed situation?
Just to note:
The address details were correct so there is no reason why it
shouldn’t have got to us within the 14 days.
#Post#: 115085--------------------------------------------------
Re: Devon & Cornwall Police sent NIP 64 days after offence,
please help!
DIR By: RichardW
Date: April 2, 2026, 1:51 am
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Usually in these cases it turns out the recipient is not
actually the RK - i.e. the car is on lease / PCP or similar, and
the finance Co is the RK. So, is the car leased / does your
partner actually have the V5C in their possession, and is the
address on it correct (don't assume, check!)?
However, as you say, the named recipient of the NIP must respond
naming the driver, and you will then get one in your name - to
which you must also respond. At this point, assuming that car
is not leased etc, and V5C details correct, you can point out
that the NIP was late. It may get dropped at that point, or you
may be able to defend it in court on the basis that it was not
served in time - or you may consider that taking the Conditional
Offer (if you can) of a Speed course or 3 pts / £100 is the
easier option.
#Post#: 115090--------------------------------------------------
Re: Devon & Cornwall Police sent NIP 64 days after offence,
please help!
DIR By: andy_foster
Date: April 2, 2026, 4:21 am
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You cannot "reject" a NIP.
If the [unstated] offence is one to which s. 1 RTOA 1988 applies
(a NIP or warning, etc. is required), then if you can convince
the court (on the balance of probabilities) that no NIP was
served on the driver or RK within the 14 days, then that is a
defence.
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