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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69374
Experience:  Over 5 years in practice.
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I've recieved an NIP at 35mph in a 30mph zone. I was the

Customer Question

Hi,
I've recieved an NIP for driving at 35mph in a 30mph zone. I was the driver and registered keeper of the vehicle at the time. The incident was on 17/06/15, however the NIP is dated 07/09/15 and is the first correspondence I've had from the police regarding the matter. I'd had a recent change of address but the DVLA were notified, and my new licence was received months before the speeding incident. Do I have a right to appeal this and am I likely to be successful?
Regards
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

Was the new licence received before June?

Customer: replied 1 year ago.
Expert:  Jo C. replied 1 year ago.

Does the NIP say reminder on it anywhere?

Customer: replied 1 year ago.
No
Expert:  Jo C. replied 1 year ago.

Good news then. They are time barred.

The rules are contained in S1[1]c] Road Traffic Offenders Act 1988 which you’ll find here

http://www.legislation.gov.uk/ukpga/1988/53/section/1

They must either deliver a NIP verbally at scene or serve it upon the registered keeper within fourteen days of the offence.

Under S1[1A] the notice should actually arrive within 14 days.

However, its important to respond in a particular way. The document you have received is confusing. Although it is one document, it contains both a NIP and a S172 form which are two different legal entities. They may well be time barred on the NIP but that doesn’t mean you can avoid your S172 responsibilities.

If you don’t respond naming the driver on the S172 form they will charge you with failing to identify. Probably they are hoping you will do exactly that so that they can prosecute you for something.

If you do fill out the forms naming the driver then its likely you would hear no more about it. If they do seek to prosecute you then you can rely on the fact that the NIP was out of time.

Hope this helps. Please let me know if you need more information.

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