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#Post#: 100690--------------------------------------------------
NIP time correction time letter issued after 14 days from offenc
e
By: Frank Date: December 2, 2025, 8:44 am
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I have received a NIP for an offence which stated the time at
8:34. I called the number of the letter and explained that I
tought there was a mistake in the time, probably due to clock
setting and that the time was more likely to be 7:34 as I was
driving during that time on the day and location of the alleged
offence.
They have contacted the member of the public who sent evidence
of my offence and confirmed that the time was indeed 7:34.
They have now sent me an email with a letter attached. In the
body of the email they say I need to send back the original NIP
completed. in the letter they confirm there was a mistake in the
NIP sent to me and that the correct time is 7:34 and they have
now updated their records.
The alleged offence was on 12 November, NIP received on 17
November, Correction letter issued on 02/12/2025
As this correction letter has been issued after 14 days of the
alleged offence, do I have a case to challenge any Fixed penalty
notice or whatever they want to do given the correct time has
been communicated to me late?
This is in england.
Thank you
#Post#: 100693--------------------------------------------------
Re: NIP time correction time letter issued after 14 days from of
fence
By: FuzzyDuck Date: December 2, 2025, 8:49 am
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You can't challenge a fixed penalty, you either accept it or
allow the matter to proceed to court. You could then plead not
guilty and defend it based on the corrected NIP being served
after 14 days.
Likely this was due to the BST/GMT change not being handled
correctly.
#Post#: 100695--------------------------------------------------
Re: NIP time correction time letter issued after 14 days from of
fence
By: Frank Date: December 2, 2025, 9:00 am
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Thank you.
How likely would I be to win in court if that was my defence?
It does not seem worth fighting if there is even a small risk of
getting a criminal convinction.
#Post#: 100699--------------------------------------------------
Re: NIP time correction time letter issued after 14 days from of
fence
By: 666 Date: December 2, 2025, 9:25 am
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[quote author=Frank link=topic=9007.msg100695#msg100695
date=1764687603]
Thank you.
How likely would I be to win in court if that was my defence?
It does not seem worth fighting if there is even a small risk of
getting a criminal convinction.
[/quote]
I believe your defence should be slightly different.
The law requires a NIP - served within 14 days - to state the
time of the alleged offence. Yours simply did not, and the
letter from the police is evidence of that. The letter does not
constitute a "corrected NIP".
It may be worth a phone call to the police pointing this out, in
the hope that they may drop the matter. They may not, but it
costs nothing to try.
#Post#: 100701--------------------------------------------------
Re: NIP time correction time letter issued after 14 days from of
fence
By: andy_foster Date: December 2, 2025, 9:29 am
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It appears that the short bus has taken a detour and ended up
here.
The distinction between challenging a potential subsequent fixed
penalty and having a defence to the allegation are at best
academic at this stage, and substantially drowned out by the
absurd assertion that the OP would have a late/defective NIP
defence.
Whilst the requirements to serve a NIP within the 14 days is
mandatory, for offences that require a NIP - whether this one
does or not is anyone's guess as the OP has chosen not to
trouble us with the nature of the alleged offence, except where
the statutory exceptions apply - same, the required details -
time, date and nature of the alleged offence are "merely
directory" - meaning that if such details are incorrect or
unduly vague, it does not negate the NIP if the defect does not
defeat the objective of enabling the accused to recall of
identify the incident in question.
TL;DR - if the OP "knew" that the time of the incident was 7:34
not 8:34, putting 8:34 on the NIP does not invalidate it.
In the abstract, that would tend to raise questions regarding
burdens of proof and strategy - whether the prosecution would
need to prove that the accused was aware of the correct time
(and/or the incident in question), and how to raise the issue
without giving evidence (and therefore proving the prosecution's
point for them). However, in this case, that ship has very much
sailed.
Regardless of whether or not a NIP is required for this offence,
or whether a statutory exception would apply, the police have
evidence that the OP was not misled by the error, so it is not a
viable defence.
As a matter of principle (and to avoid committing an offence
under the Perjury Act 1911), as regards the s. 172 requirement
to identify the driver, I personally would not be naming my self
as the driver of vehicle A at time B and location C when I was
nowhere near location C at time B.
The OP can either -
-play nice by confirming that he was the driver of that vehicle
at the correct time, or
-play a game by correctly stating that the vehicle in question
was not at or near that location at the time specified. If the
police, who already know that the OP was driving at the correct
time, but don't seem to be in a hurry to fix their mistake by
issuing a corrected s. 172 requirement (generally in the form of
a new NIP - but the NIP requirements do not apply, before anyone
starts asking stupid questions). If the police then do what they
should have done and issue a revised notice, the OP is basically
in the same position as he would be in if he played nice, with
the possibility of the police being less favourable with their
response. Again, what that response is likely to be would seem
to depend on the matters the OP has chosen not to trouble us
with.
It is not immediately obvious in what way the consequences of a
criminal conviction for the unspecified offence would differ
from those of receiving a fixed penalty for the same offence.
#Post#: 100708--------------------------------------------------
Re: NIP time correction time letter issued after 14 days from of
fence
By: Frank Date: December 2, 2025, 9:48 am
---------------------------------------------------------
Hi,
Thank you for your answer.
Apology, the NIP state the alleged offence as: Overtake within
pedestrian crossing limits.
I seem to understand from your answer that police should have
issued a new NIP which they did not. But even if they did, it
would still be valid and therefore trying to play a game as you
say it does not seem to be worth.
I have assumed that a criminal convinction will go into my
criminal record(not sure for how long) while a fixed penalty
notice is just a fine. but I am probably wrong. I am also not
sure if there is the option of being offered a course for this
offence as they do for speeding ones.
The text of the letter they have sent me is below and the word
document is named Dash NIP Reminder and :
Our Reference:xxxxx
Date of alleged offence: 12/11/2025 at 07.34 hrs
On the 17/11/2025 a Notice of Intended Prosecution was sent to
yourself, but the time of the incident was incorrect. The was
due to the change in time from BST to GMT.
We have now amended our records to reflect the correct time as
07.34 hrs on the 1/11/2025
Please accept this letter as official notice of the change of
time.
Please complete the notice sent to you and return it to us.
If you wish to complete the form and then email it to us either
as a document or as an image.
If there is any reason you are unable to complete the Notice or
you have any questions, please contact us to discuss this.
#Post#: 100736--------------------------------------------------
Re: NIP time correction time letter issued after 14 days from of
fence
By: andy_foster Date: December 2, 2025, 11:05 am
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For the sake of sanity - the offence over overtaking on zigzag
lines is widely misunderstood - the offence is committed if you
pass the car closest to the crossing while either it is moving,
or it is stopped to give way to a pedestrian. If you did either
of those things, you committed the offence. If not, you didn't.
Minor motoring offences are not "recordable" - which means that
they are not recorded on your criminal record. They might be
disclosed in an enhanced check, but unless it for a driving job
where the points are the relevant issue, it would require very
specific/contrived circumstances for anybody to give a monkeys.
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