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#Post#: 10738--------------------------------------------------
Road traffic offence on Jct 5-4
DIR By: PCN fines
Date: November 20, 2023, 12:35 pm
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Hello,
I got a letter from Essex police requesting for details of the
driver, it says that I was driving without due care and
attention but I don’t remember what I did and the offence
happened on 07/10/23 and letter dated 15/11/23 which I received
in the post on 18/11/23.
I thought they were supposed to send the letter within 14 days
of any road traffic offence or am I wrong.
I have attached the letter please advise.
Thanks
[attachment deleted by admin]
#Post#: 10747--------------------------------------------------
Re: Road traffic offence on Jct 5-4
DIR By: andy_foster
Date: November 20, 2023, 2:11 pm
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Not sure why this thread is locked Not sure why the OP locked
his own thread ::) - tends to reduce the amount of advice given
if posters can't reply...
The 14 day rule only applies to the first NIP - to the RK, and
does not apply if certain exceptions apply - e.g. it was not
reasonably practicable to ascertain the driver or RK's details
in time to serve a NIP within the 14 days.
4 possibilities -
You are not the RK
NIP was sent in good time but not received and this is a
"reminder" - burden of proof of non service falls to the
defence.
Was reported by a member of the public (e.g. operation snap) -
too late for the police to serve a NIP within the 14 days
They dropped the ball.
AIUI, the legislative purpose of the requirement for a NIP is to
enable the accused to recall the event(s) that gave rise to the
allegation while they are still relatively fresh in hi mind, and
potentially gather evidence to support any potential defence.
The police's view seems to be that all they need to do is state
the headline nature of the offence.
edit: as regards the paperwork - for NIPs from the police, we
don't need to see the whole thing (or any actual pages for that
matter) - just the date of issue and description of the alleged
offence (time/date, location, nature - as written).
#Post#: 10790--------------------------------------------------
Re: Road traffic offence on Jct 5-4
DIR By: The Rookie
Date: November 21, 2023, 3:01 am
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If I were to hazard a guess, you aren't the registered keeper
but instead a finance/lease/hire company is, as that entity
would only have to be served the NIP with 14 days and would have
28 days to reply clearly there can be no 14 day requirement on
subsequent notices.
The other common reasons are that the details are out of date
DVLA due to a recent purchase or move (or not so recent move if
the keeper has simply forgotten to ever update the V5c details,
although may have remembered to just update licence details)
where the details were still waiting to be updated at the time
of the alleged offence.
#Post#: 10840--------------------------------------------------
Re: Road traffic offence on Jct 5-4
DIR By: PCN fines
Date: November 21, 2023, 2:05 pm
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Hi
Yes the car is leased by me so you are right it must have gone
to the company who would have given my details.
What should I do now do you think, should I fill in the my
details on the form and see what they come back with
#Post#: 10881--------------------------------------------------
Re: Road traffic offence on Jct 5-4
DIR By: guest46
Date: November 22, 2023, 1:24 am
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As - at this stage - you are only being asked for the driver
details, you must do this. Otherwise it's 6-points and a alrge
fine!
#Post#: 10886--------------------------------------------------
Re: Road traffic offence on Jct 5-4
DIR By: The Rookie
Date: November 22, 2023, 2:11 am
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--- Quote from: PCN fines link ---
>
> should I fill in the my details on the form and see what they
come back with
>
--- End Quote ---
Yes, the only other option is not to do that (6 points and fine
and costs typically of around £500 and a licence code the
insurers love... to hate.) so it's best to.
#Post#: 10952--------------------------------------------------
Re: Road traffic offence on Jct 5-4
DIR By: PCN fines
Date: November 22, 2023, 1:56 pm
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Ok thanks
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