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[YZ250]

Just wondering.   

As per .Gov site, Legislation states that the Registered Keeper must be notified of a Notice of Intended Prosecution (speeding ticket) within 14 days of the offence. There are certain circumstances that give them longer but for someone who hasn't recently moved/leased the car etc the rule is 14 days.
So, if the issue date on the NIP is a month later than the offence date, would you bother mentioning it or just go with it? Only myself to blame so not quibbling about that.
I didn't even know that was a legal obligation on their part until I read it on the notification. 

The offence was just outside the 10% +2 so I don't really want to ruffle any feathers but just curious how others would react. 

Any of you ever challenged this?

[Gaffers]

what harm can it do?

[LC0112G]

Just wondering.   

As per .Gov site, Legislation states that the Registered Keeper must be notified of a Notice of Intended Prosecution (speeding ticket) within 14 days of the offence. There are certain circumstances that give them longer but for someone who hasn't recently moved/leased the car etc the rule is 14 days.
So, if the issue date on the NIP is a month later than the offence date, would you bother mentioning it or just go with it? Only myself to blame so not quibbling about that.
I didn't even know that was a legal obligation on their part until I read it on the notification. 

The offence was just outside the 10% +2 so I don't really want to ruffle any feathers but just curious how others would react. 

Any of you ever challenged this?

If you haven't already done so, register on pepipoo, fill in the NIP wizard, and ask the question there.

Basically, if your name and address are correct on the V5, and the date code on your V5 is prior to the offence, then they have to 'serve notice' on you within 14 days. If they don't 'serve notice' within 14 days then there is a statutory defence to any speeding charge. Serve notice does *NOT* mean they must post within 14 days - it means you must, in the normal course of 1st class post, have been expected to receive it. This means they must have posted it on day 12 - or even earlier if bank holidays are involved. So it is important to keep all the envelopes because even if the letter is dated within time, the postmark may reveal that it wasn't/couldn't be 'served' in time.

This does *NOT* mean you can tell them to eff-off. You must still fill in the S172 request, and return it within the time limits or you WILL be prosecuted for a S172 offence - which carries similar or worse penalties, and the insurance companies really, really don't like S172 convictions. You should have been given 28 days to respond - reply as late as you dare, but make sure the reply arrives within the 28 day limit.

Anyway - toddle off to pepipoo and they'll tell you whether you have a chance.

[YZ250]

Cheers for that ^ , I'll have a look. 

The letter is dated 26 days after the alleged offence date and arrived within one day i.e. posted yesterday, arrived today.
The envelope just says postage paid with no date stamp.

[LC0112G]

Cheers for that ^ , I'll have a look. 

The letter is dated 26 days after the alleged offence date and arrived within one day i.e. posted yesterday, arrived today.
The envelope just says postage paid with no date stamp.

Ok sounds promising - providing...

1) Your name and Your address is correct on the V5 for the car you're being done for.
2) You have owned the car for several months or more
3) You haven't put a new personalised number plate on it recently.
4) The offence is in England

There is a risk that they'll say this is a reminder, not the original NIP. However, that's unlikely since you have 28 days to respond, so why would they send out a reminder on day 26 from the offence (so presumably only day 24 or 25 from the earliest possible 'service').

If the guys on pepipoo contradict what I'm saying - believe pepipoo. They know what they're doing.

[flyer 0712]

Did you sign for the letter  ......otherwise,,,,,,well how would you know about it.

[LC0112G]

Did you sign for the letter  ......otherwise,,,,,,well how would you know about it.

The NIP is presumed served 2 days after its posted by 1st class post. You can stand up at trial and rebut this, but lying in court could end up with you in jail (see Chris Hume). If you say you never received it, the prosecution will produce proof they posted it. You would then have to produce a decent explanation as to why you never received it. The magistrates are unlikely to believe you without a very, very good reason.

[05omegav6]

Did you sign for the letter  ......otherwise,,,,,,well how would you know about it.

The NIP is presumed served 2 days after its posted by 1st class post. You can stand up at trial and rebut this, but lying in court could end up with you in jail (see Chris Hume). If you say you never received it, the prosecution will produce proof they posted it. You would then have to produce a decent explanation as to why you never received it. The magistrates are unlikely to believe you without a very, very good reason.

I can lend you my postie as evidence 

[biggriffin]

Remember its 14 working days.
 also i had a run in with the camera unit in lord opti's manor, they said they had posted the nip on a certain date, when they blatantly had not, i lost, then they lost my driving license and threatened to prosecute for non posting of said licence, proff was then sent via recorded royal mail, new licence applied for,  magistrates would not accet it was there mistake,judge said not enough evidence off the court making any mistake. Outcome 3points and a reduced fine to £75.

[LC0112G]

Remember its 14 working days.

No - it's not. It's 14 days. End of.

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

within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was

So if you get pinged on Christmas eve, it's entirely possible you won't get the NIP till it's too late due to bank holidays and sundays when all the scammers or on holiday and there is no post.

Also see:
Gidden v Chief Constable of Humberside [2009] EWHC 2924 (Admin) http://www.bailii.org/ew/cases/EWHC/Admin/2009/2924.html
http://www.pepipoo.com/NIP.htm
http://forums.pepipoo.com/index.php?showtopic=87
http://forums.pepipoo.com/index.php?showtopic=79677

also i had a run in with the camera unit in lord opti's manor, they said they had posted the nip on a certain date, when they blatantly had not, i lost,

Just standing up in court and saying "I never received the ticket" or "I never received the ticket within 14 days" won't get you off a speeding charge. You need to prove you didn't receive it, since the presumption is that you did. If the initial date on the ticket, or the postmark on the envelope is more than 14 days after the offence, then you should be home and dry. But standing up and saying 'I never got it' falls way short of proof - if it did then everyone would do it.

then they lost my driving license and threatened to prosecute for non posting of said licence, proff was then sent via recorded royal mail, new licence applied for,  magistrates would not accet it was there mistake,judge said not enough evidence off the court making any mistake. Outcome 3points and a reduced fine to £75.

So what were you initially prosecuted for? Speeding or Failing to supply(S172)?

And was it just 3points and £75, or 3 points for speeding and then another 3 for not surrendering the license?

[biggriffin]

It was 3 points for speeding. But as they or royal mail lost the return paper work they then tried to go for failure to surrender, and by a coincidence when my new licence was returned by post the one they had lost turned up the next day in a separate envelope.

[LC0112G]

It was 3 points for speeding. But as they or royal mail lost the return paper work they then tried to go for failure to surrender, and by a coincidence when my new licence was returned by post the one they had lost turned up the next day in a separate envelope.

I'm confused. So you were convicted for speeding - sentance 3 points and £100 fine, reduced to £75 for some reason?

Then they came after you for failing to surrender, but the court found you not guilty?

Sound's quite normal to me - Or did they find you guilty of failing to surrender too and then add some additional punishment?

[biggriffin]

Was just 3 points for speeding. Faliure to produce was dropped, due to evidence,of postage, it just got stupid because some clerk in the court breaked up,and i ended up paying. Was a few years ago so its all off now.

[LC0112G]

Was just 3 points for speeding. Faliure to produce was dropped, due to evidence,of postage, it just got stupid because some clerk in the court breaked up,and i ended up paying. Was a few years ago so its all off now.

magistrates would not accet it was there mistake,judge said not enough evidence off the court making any mistake

Which version is correct then? The Failing to produce charges were dropped. The 3 points and £75 were for speeding. So in the end justice prevailed. No?

[YZ250]

Remember its 14 working days.
..................................

As LC0112G says, as per the .Gov website, legislation requires the powers that be to notify the Registered Keeper within 14 days, as in 14 consecutive days, regardless of weekends etc. 

Just to clarify, my alleged offence was on 11/05/2014 and my NIP is dated 04/06/2014, some 25 days later. It arrived through my letterbox on the 05/06/2014. Both dates are on the same letter so it's quite clear that there was never any intention for the notice to arrive within 14 days. A technicality maybe, but a law all the same.
I have lived at the same address for 31 years and I am the first and only Registered Keeper of the vehicle concerned so no confusion there. 

LC0112G
Thanks for the advice. I'm going to construct a letter somewhere along the lines of one you have linked to.    Just need to check that DVLA hold the correct details before I send it. 
Got to be worth a shot I suppose.