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DIR Return to: Speeding and other criminal offences
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#Post#: 60145--------------------------------------------------
NIP received dated after 14 days. Confusing circumstances
DIR By: Endorfin
Date: March 1, 2025, 4:27 pm
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Alleged offence was on 6th February.
NIP dated 24th February, which is 18 days past the alleged
offence.
This is the strange bit though.
NIP was sent to the insured party. Not the registered keeper.
Why would it get sent to the insured party and not the
registered keeper.
Registered keeper hasn't received any correspondence relating to
the offence.
Alleged offence date is only 22 days ago, which isn't long
enough for the police to pursue the insured party after failing
to get a response from the registered keeper?
Does the 14 day rule apply here?
HTML https://i.imgur.com/N1tcVO3h.jpg
#Post#: 60148--------------------------------------------------
Re: NIP received dated after 14 days. Confusing circumstances
DIR By: andy_foster
Date: March 1, 2025, 5:11 pm
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It would be very unusual for the police to send a NIP to the
person showing as insured on the MIB database when there is a
registered keeper without first sending a NIP to the RK.
It would be far less unusual for posters to swear blind that
somebody who does not have the V5C in their possession, showing
their correct and current address, is the RK.
#Post#: 60149--------------------------------------------------
Re: NIP received dated after 14 days. Confusing circumstances
DIR By: Endorfin
Date: March 1, 2025, 5:21 pm
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Not sure what your point is.
The facts are as I've outlined in the post.
RK name and address is correct. RK hasn't received a NIP.
Insured party has received the NIP.
Not sure what else I can say?
Driver at the time of the alleged offence is known, that isn't
an issue.
#Post#: 60151--------------------------------------------------
Re: NIP received dated after 14 days. Confusing circumstances
DIR By: Southpaw82
Date: March 1, 2025, 5:46 pm
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--- Quote from: Endorfin link ---
>
> RK name and address is correct. RK hasn't received a NIP.
>
--- End Quote ---
How have you confirmed that?
#Post#: 60155--------------------------------------------------
Re: NIP received dated after 14 days. Confusing circumstances
DIR By: Endorfin
Date: March 1, 2025, 6:32 pm
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I'm the RK
#Post#: 60167--------------------------------------------------
Re: NIP received dated after 14 days. Confusing circumstances
DIR By: The Slithy Tove
Date: March 2, 2025, 3:07 am
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--- Quote from: Endorfin link ---
>
> I'm the RK
>
--- End Quote ---
The point that Andy & Southpaw are trying to make is that we
often have people swear they are the registered keeper, right up
to the point they are asked to confirm that they have the
physical piece of paper that is the V5C form in their hand and
that it has their name and address on it.
#Post#: 60176--------------------------------------------------
Re: NIP received dated after 14 days. Confusing circumstances
DIR By: NewJudge
Date: March 2, 2025, 4:19 am
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If the accompanying “request for driver’s details” is addressed
to you, you must respond to it. This is regardless of any issues
you may have with the service of the first NIP (if indeed the
one you have posted is not the first). Failure to do so will see
you commit a more serious offence which carries six points.
I’m not sure who is who in this. You mention an “insured party”,
the RK (which is apparently you) and that the RK has not
received a NIP but he insured party has. You don’t say if either
of them, was the driver.
Anyway, it doesn’t really matter. Whoever was driving needs to
contact the police to find out whether a previous NIP was issued
and if so, who to. If it wasn’t to the RK they should ask why
not.
When those enquiries have been made the driver can decide
whether to challenge the speeding offence on the grounds that a
NIP was not served to meet the requirements of s1 of the Road
Traffic Offenders’ Act.
#Post#: 60187--------------------------------------------------
Re: NIP received dated after 14 days. Confusing circumstances
DIR By: Endorfin
Date: March 2, 2025, 5:52 am
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I'll outlay the facts.
I'm not a newcomer, and have previously sought advice on
Pepipoo, and I'm aware of the futility of providing incomplete
information or the foolishness of attempting to pervert the
course of justice.
I'm the RK. I have the V5 in my name and address.
I was NOT the driver.
The NIP has been sent to the insured party, likely from MIB
records.
They were NOT the driver.
The driver on the date of the alleged offence had permission to
do so by the owner of the vehicle and were insured to do so. No
issue there.
They have accepted they will need to take the punishment for it,
whether fixed penalty & points or speed awareness course.
My question is WHY have they written to the insured party,
rather than the RK?
If the offence date was months ago, of course we could suspect
the RK (me) has received a NIP and ignored or it's got lost in
the post.
But it was less than 28 days ago which isn't enough time for the
RK to ignore a NIP, so why not just send to the RK in the first
place.
In any case, the NIP, which I'm presuming (rightly or wrongly)
to be the first one they've sent out is dated past the 14 day
rule.
So having not been in this position before, I'm asking advice
from more experienced people than myself what the procedure is
here.
Do I contact the police as the RK asking why it wasn't sent to
me?
Does the insured party contact them pointing out it's past 14
days?
Or should they just name the driver and be done with it.
Does the driver then have options to bring up that it was beyond
14 days sending out the original NIP?
#Post#: 60189--------------------------------------------------
Re: NIP received dated after 14 days. Confusing circumstances
DIR By: Southpaw82
Date: March 2, 2025, 6:09 am
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Any defence rests with the driver. The recipient of the NIP has
an obligation to respond to it. That makes it pretty simple as
to who should do what.
#Post#: 60192--------------------------------------------------
Re: NIP received dated after 14 days. Confusing circumstances
DIR By: andy_foster
Date: March 2, 2025, 6:17 am
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There is no "procedure" as such.
The addressee of the NIP is required to name the driver, as NJ
has mentioned.
If no NIP was served on the driver or RK within the 14 days, and
if this can be proven, then that is a defence to the speeding
charge, unless the police could not with reasonable diligence
ascertain the RK (or driver's) details in time to serve a NIP
within the 14 days, or if some other statutory exception applies
(ss. 1&2 RTOA 1988).
Ultimately, it is for the driver to rely on the defence in
court, but anyone can write to the police and raise the issue.
Whether the police will respond to them or not is another
matter.
For the police to use the MIB database would suggest that they
had been unable to contact the RK through the (copied overnight)
DVLA data on the PNC - e.g. wrong address, returned NKATA.
Beyond that, as Mystic Meg and Doris Stokes have now both passed
to the other side, we have no idea why this would have happened.
N.B. If, as you protest, this is not your first rodeo, you would
presumably know that V5s have not been a thing for many, many
years.
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