NIP, 14 days limit? can I have a definitive answer

[timwilky]

Ok, so I passed an unmarked car filming on 20th September. I have been expecting something in the post. By my reckoning their 14 days runs out on Sunday, So if I do not receive anything tomorrow, am I in the clear?


What exactly is the 14 day limit, is it I must receive it in 14 days. They must issue it in 14 days, or can some lazy sod sign an affidavit to say she sent it within the limit and not their fault I have never received it etc.

At what point do I stop worrying and get back on with my life.

[_Stretchie_]

Mate, I don't think there is actually a 14/30/60 day limit (it varies depending on who tells you)

I know you passed a car but when I got pulled over it took them 6 months to getting around to 'doing me'

[Jabba]

Timbo,

The Courts recognise the 14 days limit as being "first working day after offence to date of postmark on envelope".

By my reckoning that's a postmarked date of 5th October or before.

HTH

[fastdruid]

Day zero is the day of the incident, it must *reach* you (post office strikes excepted) by the 14th day.

In reality you may have a devil of a job persuading a magistrate that it arrived on day 15 and not 14 but that is the law.

Druid

[Jabba]

I know you passed a car but when I got pulled over it took them 6 months to getting around to 'doing me'

If you were pulled over then you had a "verbal NIP" from the copper.

The six month time-limit is for the coppers to "lay the information" before the Court. There's limit as to when a case can be heard after the information has been laid.

HTH

[fastdruid]

Mate, I don't think there is actually a 14/30/60 day limit (it varies depending on who tells you)

I know you passed a car but when I got pulled over it took them 6 months to getting around to 'doing me'

Very different, in the case of being stopped that is your NIP and then there is a 6 month limit to 'lay information' with the court.

If not stopped then it's 14 days (except in the case of an accident).

Druid

[Jabba]

In reality you may have a devil of a job persuading a magistrate that it arrived on day 15 and not 14 but that is the law.

It's the date of posting that is important, not the date you received it.

[fastdruid]

Nope, common mistake, it has to be *served* by day 14, not in the post by day 14.

Druid

[jamesterror]

Can't answer on the NIP question, MBK maybe able to though....

You should of stopped worrying about 3 seconds of realising and carry on riding/driving sensibly, and just wait for it to come through the post.

I saw a speed camera van and was doing 35 in a 30, I was in 6th gear no throttle down a hill on an empty road main road through the town, I just waited to see what came through the post.

I also overtook a van about 800 yards before a 30 zone and saw 3 officers with with a speed gun checking peoples speeds as they went through the 30 sign, I can assure you its the I've ever had to brake, they wrote down my plate and this was about 4 weeks ago, and still nothing.

I decided it was better to wait and see than let it worry me as only having my license a couple of months the 2 year 6 point limit doesn't help the worrying factor.

No use to your question, but don't let it play on your mind.

James

[fastdruid]

Ok because there is some confusion I will quote the law on this

From http://www.opsi.gov.uk/ACTS/acts1988/ukpga_19880053_en_2#pt1-pb1-l1g1

1 Requirement of warning etc. of prosecutions for certain offences

(1) Subject to section 2 of this Act, where a person is prosecuted for an offence to which this section applies, he is not to be convicted unless—
(a) he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, or
(b) within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or
(c) within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was—
(i) in the case of an offence under section 28 or 29 of the [1988 c. 52.] Road Traffic Act 1988 (cycling offences), served on him,
(ii) in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.
(2) A notice shall be deemed for the purposes of subsection (1)(c) above to have been served on a person if it was sent by registered post or recorded delivery service addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him.
(3) The requirement of subsection (1) above shall in every case be deemed to have been complied with unless and until the contrary is proved.
(4) Schedule 1 to this Act shows the offences to which this section applies.


Any confusion I suspect comes mostly from section 2 which is there to counter anyone turning up at court and just saying "I didn't receive a NIP".

Druid

[ophic]

Section 3 is interesting - means that you have to prove that the NIP wasn't delivered on time. If you can't prove it, its assumed that it was.

This is tricky in the event of no NIP coming through at all. How can you prove it wasn't delivered?

[fastdruid]

You stand up in court and swear it, ideally backed up by your partner and have a history of mail going missing.

In reality this may depend on how much of an upstanding citizen you appear.

Also note that it only has to be served on the registered keeper within 14 days, not whoever was using it.

Druid

[suzsv650]

I worked for the SCU for about a month (terrible place).

They have 14 days to send it out/ you receive it. They will want a copy of the envelope for the date when sent if you fight it.

You have 12 months before it gets completely written off/ they can’t prosecute (I will let you figure out how to avoid the tickets)

[Nelson]

It depends what you class as "serving". Seeing as it's not served personally, it's deemed served when it's posted out, NOT once you've recieved it. I serve notices all the time by posting them through letterboxes. If the occupier doesn't get them within the time scales, thats their problem.

[fastdruid]

Yes but you can't post it on day 14, IIRC CPR says it's deemed to be 'served' the second day after posting. I'm just not 100% sure if that applies to driving offenses.

SCP's lie btw.

Druid

[melody]

Tim, I'm in a similar position. Well sort of. I suspect I may have been nabbed doing 65-70 in a 60mph zone today. Now should this NIP thing arrive in the post, I intend to accept it and bear my cross ( where's the violin smiley?) However, I'm away for a wee while, so it may arrive during my absence. How long would I have before I'm thrown in jail or whatever the next step is?

[fastdruid]

28 days to respond to the NIP otherwise it's failure to furnish and 6 points.

Druid

[Milky Bar Kid]

Has this not been covered to death already?

Tim, basically, if you are the registered keeper, then you should recieve the NIP within 14 days. Like others have said, if you dont recieve it, that is up to you to prove. We generally cover ourselves with that by sending it recorded deliver but other places are different.

If you are not the registered keeper then it may take a bit longer to get to you as the registered keeper will have to fill in the S172 req and return it, the you wil be sent a NIP.

If you were stopped and spoken to then chances are that is when you recieved your NIP.

[melody]

28 days to respond to the NIP otherwise it's failure to furnish and 6 points.

Druid

Thank you.

[Von Teese]

To second MBK, most forces will send it recorded mail, we have an admin department and they do all this for us, we just send it to them (this includes name the driver forms).

If you haven't received it by now and it's been over 14 days, then it's more than likely you aren't going to be prosecuted.

Police would have to prove to the court that you received it in good time.
If they were stupid enough to send it ordinary mail then whooopssss! They cant do that! End of!

Good luck and stop worrying :)