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I rented a car and allegedly was caught speeding on

Customer Question
Hello I rented...

Hello I rented a car and allegedly was caught speeding on 14/10/2017, the NIP was sent to the Hire Company (Registered keeper) on 30/10/2017 - 15 days after the alleged offence. As this falls outside the legal requirement to send out a NIP can I file for a dismissal of the NIP ?

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

This is in the UK

Lawyer's Assistant: Do you need to appear in court?

Have not reached that point yet . I am looking to have the NIP dismissed

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that is the state of affairs

Submitted: 6 months ago.Category: UK Traffic Law
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Answered in 29 minutes by:
11/22/2017
Solicitor: Jo C., Barrister replied 6 months ago
Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 71,342
Experience: Over 5 years in practice.
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Hi - what was the speed over the limit and when were you notified of it?

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Customer reply replied 6 months ago
Hi Jo it was 61mph in a 50 mph area. The original NIP ("Notice Issue Date" )sent to the rental company was dated 30/10/2017 alleged offence date 14/10/2017 , Date of 2nd NIP after rental company responded 14/11/2017.My question is can I use the fact that the original NIP was sent out later than the legally stipulated timeline to have the alleged offence dismissed ?
Solicitor: Jo C., Barrister replied 6 months ago

is this actually dated the 30th or was that when it was received?

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Customer reply replied 6 months ago
Its actually dated 30th ...see attached
Solicitor: Jo C., Barrister replied 6 months ago

okay. I suppose they are the registered keepers?

To your knowledge has been no movement of their address?

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Customer reply replied 6 months ago
No movement of their address have been there for past 4 years.
Customer reply replied 6 months ago
I would appreciate it if now you have the full facts, you could advise me of my legal position vis-a-vis the NIP
Solicitor: Jo C., Barrister replied 6 months 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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Customer reply replied 6 months ago
Many thanks Jo.RegardsAndrew
Solicitor: Jo C., Barrister replied 6 months ago
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