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Hi I received a NIP dated 9th May for an offense on the 13th

 
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  • Answered by:Jomo1972
  • Barrister
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Customer Question

Hi I received a NIP dated 9th May for an offense on the 13th April i had only had the car for 2 days, so possibly not registered as the keeper? do i have any wiggle on this?

 

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Province/Country relating to question : Solihill/Uk

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Submitted: 286 days and 6 hours ago.
Category: UK Traffic Law
Value: £22
Status: CLOSED
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Expert:  Jomo1972 replied 286 days and 6 hours ago.

Hi

Thank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.

Surely the car was in your possession then though?

Customer replied 286 days and 6 hours ago.

FOR JOMO1972 Yes i was driving the car at the time, i was recorded as traveling at 102 within a 70 limit, i have a clean license, but fear that i may be looking at a ban and a heavy fine? my case is summons to a hearing next month.

Customer replied 286 days and 6 hours ago.

i wondered if the 14 day rule will apply to me?,FOR JOMO1972 Yes i was driving the car at the time, i was recorded as traveling at 102 within a 70 limit, i have a clean license, but fear that i may be looking at a ban and a heavy fine? my case is summons to a hearing next month.

Customer replied 286 days and 6 hours ago.

,FOR JOMO1972 Yes i was driving the car at the time, i was recorded as traveling at 102 within a 70 limit, i have a clean license, but fear that i may be looking at a ban and a heavy fine? my case is summons to a hearing next month.

Customer replied 286 days and 6 hours ago.

FOR JOMO1972

Yes i was driving the car, but i wonder if the 14 day NIP rule may apply to me?

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Expert:  Jomo1972 replied 286 days and 6 hours ago.

No, it doesn't Im afraid.

The rules are that they must send a NIP to the registered keeper within 14 days of the offence. At that time the registered keeper would still have been the old owner.

What will have happened is that the NIP went to him and he named you and then they sent a new S172 form out to you.

I'm afraid that when the NIP reaches the actual driver is a non issue as long as there was one issued to the then registered keeper within 14 days.

In any event, even if the 14 day rule is breach, it still does not mean you can escape your S172 responsibilities to name the driver. If you do that they will charge you with failing to identify.

They may or may not prosecute you if you respond naming the driver. They are on pretty tight time. But if you don't they will prosecute you.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Please rate my answer with OK SERVICE or more and then I will continue for free.

Customer replied 286 days and 5 hours ago.

Does the fact that my letter is dated the 9th and not the original date to the registered keeper make any difference?

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Expert:  Jomo1972 replied 286 days and 5 hours ago.

Not if the original went out in time.

The date of subsequent NIPs are non issues I'm afraid.

I will be happy to discuss this but please remember to rate my answer.

Expert TypeBarrister
Category: UK Traffic Law
Pos. Feedback: 95.8 %
Accepts: 2731
Answered: 6/30/2012

Experience: Bar Exams, over 5 years in practice

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Expert:  Jomo1972 replied 282 days and 18 hours ago.

Just wondering how everything is going?

Do you need any more help?

 
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