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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Legal matters

Notice of Intended Prosecution for speeding

34 replies

IvorHughJarrs · 10/04/2017 18:08

I have just received an NIP for speeding, doing 68 in a 50mph limit.
I have no doubt this was me. It was on a motorway, just before it ended and was my mistake, the limit reduced from 70 to 50 but I did not know the road and had obviously missed the sign/signs. I have a speed limiter on the car which I had set for 70 while on the motorway (I'm guessing the tolerance between the car and the camera accounts for the 2mph difference) and, of course, slowed down at the end of the motorway where the limit became 40.

My question is that everything I've read says the NIP must be served within 14 days. Mine is dated 14 days after the offence which was a Sunday so cannot have been posted until day 15. Can anyone advise if this is acceptable or worth questioning please?

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GiraffeorOcelot · 10/04/2017 18:21

You did it, just stand up and take your punishment rather than try and squirm out of it.

LittleBearPad · 10/04/2017 18:25

You were speeding. Just accept your punishment.

feathermucker · 10/04/2017 18:33

It doesn't change the fact that you were almost 20 miles per hour over the speed limit!

Pay the fine and take the points.

Abraiid2 · 10/04/2017 18:35

I would go onto a motoring or consumer legal forum to ask. Any kind of speeding thread tends to go badly over here. 😊

Petrol heads? Is that what one of them is called?

GeorgeTheHamster · 10/04/2017 18:45

If they've cocked up the process and you challenge it then you will get off. Keep looking into it.

Strigoi · 10/04/2017 18:52

PePiPoo.

But unless you already have 9 points on your licence and are facing a ban, you're better off just paying up and chalk it up to experience. Your excuse is basically that you weren't observing/paying attention which isn't really a good defence.

IvorHughJarrs · 10/04/2017 18:54

I'm curious more than anything else.
If they haven't followed the procedure correctly I'd sooner give the money to charity than to the Treasury!

Thanks for the steer, I'll look at some of the motoring forums too

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Nicknacky · 10/04/2017 20:07

Are you the registered keeper of the vehicle?

Bluntness100 · 10/04/2017 20:10

Why can't it have been posted till the 15th,are you sure they are not auto generated and they don't work Sundays?

Just take the punishment, you're clutching at straws. If you really want to know just call them and ask.

BikeRunSki · 10/04/2017 20:15

Did it actually arrive by Royal Mail. Some other delivery firms pick up on Sundays. A lot of public sector organisations use DX now.

BikeRunSki · 10/04/2017 20:18

Did it actually arrive by Royal Mail. Some other delivery firms pick up on Sundays. A lot of public sector organisations use DX now.

IvorHughJarrs · 10/04/2017 22:51

Bluntness The date of the offense was a Sunday, the NIP was dated exactly 2 weeks later so also on a Sunday (day 14) and they are sent by first class post which could not happen till the Monday hence the 15 days. My query is, basically, if it is dated on day 14 then can it be claimed to be delivered to me on the same day?

Bike I don't know if they use the post or another carrier but everything I see online refers to first class post

I only asked on here as I have no experience of these things and just begrudge paying it if they haven't done things correctly.

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GiraffeorOcelot · 10/04/2017 23:00

Presumably they could easily have sent it by first class post on the Sunday. The fact the post box wasn't emptied until the Monday may be irrelevant?? In fact some post boxes are emptied on Sundays still I believe.

Nicknacky · 10/04/2017 23:04

Op, my question is important. Are you the registered keeper?

IvorHughJarrs · 10/04/2017 23:09

Nicky I'm not sure. It is a leased company car so the NIP went to the company I work for who have filled in my name and returned it as requested.

The company office have stamped the letter as received on day 16 which would also suggest posted on day 15 but they have now confirmed they have thrown away the envelope it came in so I cannot confirm the postmark

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Nicknacky · 11/04/2017 00:08

In that case the nip has been rightfully served as it is likely the lease company is the registered keeper. The 14 day rule applies to the registered keeper, not subsequent drivers.

IvorHughJarrs · 11/04/2017 00:43

Thanks Nicky
It didn't even get to them in time. As I said it was dated day 14 (Sun), presumably posted day 15 (Mon) and received on day 16 (Tues) but I doubt I'd be able to prove anything without the envelope anyway so think that lack of proof has resolved the issue anyway

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TroubleinDaFamily · 11/04/2017 00:46

Suck it Buttercup.

GeorgeTheHamster · 11/04/2017 08:17

Yes I think you would need the envelope.

Pestilentialone · 11/04/2017 08:36

At least you did not kill anyone.

Nicknacky · 11/04/2017 09:26

Is the nip you have addressed to you or the lease company? The should have returned theirs naming you then you receive a second nip which will explain the delay.

IvorHughJarrs · 11/04/2017 22:22

Second one not received yet Nicky. As I have said earlier I was only questioning it as the original NIP was issued on day 14 which, technically, is the day it should have been received by

What has amazed me is that I am a fairly cautious driver and, at no point, am I ever screaming past all the other traffic so I can only imagine that others were caught out by the change in limit too. Oh well, live and learn. If I use that road again I will know that a 3 lane motorway is not automatically a 70 limit.

It's my first ever ticket in 40 years of driving so could be worse

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Nicknacky · 11/04/2017 22:30

How have you received the nip if it went to the leasing company? I'm genuinely confused and trying to help.

namechangedtoday15 · 11/04/2017 22:50

You can telephone to query it and suggest (if appropriate) that its not valid because it wasn't served within 14 days.

I did this, telephoned the number on the notice to tell them the NIP was time barred, quoting the particular section of the legislation (thought I was Ally McBeal!) to be told the reason it was "late" was because it had been sent to the address the DVLA had on record and we had failed to notify them of a change of address . You don't have to be arsey about it, just query the dates over the phone and see what they say.

IvorHughJarrs · 11/04/2017 23:08

Thanks namechange, might try that when I get the amended NIP

Nicky Thanks I appreciate the help, sorry if I'm confusing things.
The NIP, dated day 14, was received by my employer on day 16, not by a leasing company. Our admin team filled in my details, returned it and notified me a few days later.
Your question has just made me think, I wonder if it had been issued earlier to the lease company who had supplied company details then it was reissued?

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