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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69357
Experience:  Over 5 years in practice.
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I there, I received a NIP today for an alleged offence happened

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I there, I received a NIP today for an alleged offence happened on the 12/02/13. The letter is not dated and I am not even sure if it was me or my wife as we sometimes swap cars. I have sent a letter trying to clarify the matter. Should I instead contest it on the basis that was over the 14 days?
Hi

Thank you for your question and welcome to Just Answer. I will try to help with this.

ARe you the registered keeper?

Customer: replied 3 years ago.


Yes, even if this car has been purchased trough a lease company.

Sorry?

Customer: replied 3 years ago.

I am the registered keeper.

Does this NIP say reminder upon it anywhere? Usually in the top right hand corner.
Customer: replied 3 years ago.

I just checked and there is the date 22/03/13

Yes, but usually it will bear the mark 'Reminder' as well?
Customer: replied 3 years ago.


No there is no reminder but just the name of the Police Force, their address contact details and a reference number


 

If that is right then they are time barred. The rules are that they have to send out a NIP to the registered keeper on a date that would by ordinary post reach him within 14 days. Usually that means about day 11 or day 12 at the latest. If a NIP is issued after that period its game over.

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

If you don't respond to the NIP naming the driver they will charge you with failing to identify. Probably they are hoping that you will do exactly that so that you can be prosecuted for something.

If you do fill out the NIP then probably you'll hear no more of this. If they do seek to pursue it then thats the time to raise time barring points.

On the point of not knowing who was driving, I'm afraid you misunderstand the law. S172 does not ask if you know who was driving offhand. Of course you do not. It requires that you investigate and ascertain who was driving which is quite easy to do since this is your car. The unfortunate truth is that its just not very credible to say that you cannot say with reasonable effort which of you was driving I'm afraid.

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Customer: replied 3 years ago.


Thanks for your reply. I sent a document today explaining that we do not know who was the driver but we gave copies of our driving licences attached to the letter, but we did not send the form provided asking for a picture to clarify. Do we need to send the form? If it is so who is going to be named on the form? As we are still not sure who was driving and we do not want to declare the false.

I think I covered that above? Did it come out at your end?

Its for you to investigate.

If you haven't yet sent that off then I would put your mind to finding out who was driving.

If you have sent it off then they may just charge you with failing to identify and then the point about 14 days will be lost.

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