Recently my father got a NIP 6 weeks after the offence.
I'm sure I recall someone on here advising that after 28 days its invalid....

Anyone know any rightful info on this?

Thanks

 

From Pepipoo.com:

This means they are going to prosecute you for the offence and it can take two forms:

A written NIP (e.g. if you get a ticket from a speed camera);

Verbal NIP.

Most Constabularies send them out within 14 days of the alleged offence - even if you were spoken to at the time by a police officer (see verbal NIP). The law has been amended in 1994 to allow the police to use ordinary post and their records are sufficient to prove that the NIP was issued on time. They also get an allowance of a couple of days for the post to deliver them.

So, if its more than 17 days since you were flashed they are too late to prosecute you, unless you were driving a company car, hire car or someone else's car. In these circumstances they are allowed more time to track you down. This letter from Staffordshire Constabulary will help you to understand this point.

If the police failed to meet the 14 day deadline, for issuing the initial NIP to the Registered Keeper, this link, which includes advice provided by the RAC's legal team, may help you.

This link explains the legal position regarding inaccurate NIPs.

The Police have six months to issue a Fixed Penalty Notice (FPN) because they are exempt from the 14 day rule and if you were stopped, and spoken to by a police officer, they also have six months to prosecute you because the officer will have issued you with a verbal NIP at the time.

There are two separate offences under the law:

Not providing the name of the driver ( this is covered under Section 172 of the Road Traffic Act);

Speeding.

If you receive a written NIP through the post, and you were not spoken to at the time of the alleged offence, you can only be prosecuted for NOT informing the authorities who was driving your vehicle, and doing so exonerates you from any prosecution - assuming that it wasn't you who was driving, of course!

You can NOT be prosecuted for speeding if you were not driving the vehicle but some Constabularies try to bully the registered keeper into accepting liability for the offence. However, the burden of proof lies with the prosecution, so if you were not driving, or honestly can't remember who the driver was, you should "stick to your guns". Write and ask the police to provide you with a copy of the evidence - explain that you "need it to identify the driver". The law states that they must provide you with a copy of the evidence, but if you experience any difficulties our Disclosure page will help you.

If the vehicle was flashed by a Gatso camera they will have two photographs of the rear of the vehicle, so how can they prove who was driving, if the driver doesn't incriminate them self? However, you will be in much more trouble than for a speeding offence, if you say that you were not the driver and they can prove that you were! Take a look at the photographic evidence in our Case File 7, and if they treat you any differently to the citizen involved in this case reported on the BBC News site politely remind them that every one must be treated equally under the provisions of the new Human Rights Act introduced to implement the European Convention on Human Rights (ECHR).

HTH

 

They have 14 days, unless car is hired, or company registered. We were recently caught like this, and sent back this letter


Dear Officer ******,

CVVVVVVVV - Notice of Intended Prosecution

I received your letter dated *********, the references for which are detailed above. I have enclosed a copy of the Notice sent to me recently, for ease of cross-reference.

You have written to me because I am the Registered Keeper of the vehicle mentioned in your Notice. My address is correct as per the details at DVLC, and the vehicle was not a Company car, and was neither hired nor borrowed.

No Officer spoke to me at the time of the alleged offence, and no accident took place. Also, no Police person has spoken with me at or near the time and place detailed in your Notice. The written Notice is the first indication from you of any intention to prosecute.

Your Notice details the alleged offence as VV:VVhrs on *********. The Notice is dated ********, and it came to me by post, received on ********. At the time of opening the mail item from you, I signed and dated the Notice in a space at the top of the page.

Including the day of the alleged offence, this was **th day from the date detailed in your Notice.

Following discussions with the RAC Legal Helpline, please note that the Notice cannot be acted upon as it is time-expired. For this Notice to have been valid, it ought to have been with me within 14 days of the alleged offence.

It was suggested I write back to you immediately with these comments.

Yours sincerely

VVVVVVVVV
Registered Keeper
++++

which we found a template for on the web (can't remember where). Two weeks later we got a letter cancelling the fine/points !

Good Luck

Steve

 

The NIP has to be posted within 14 days. I'm not aware of any time limit after that due to the foibles of the postal system.

 

Thanks fellas, I'll pass it on, useful site to know.

 

Its all academic now because I live in the US....but when I lived in the UK I got caught by a mobile camera. I didnt realise at the time, but received the NIP in the mail.

Fairs fair, so I sent it back signed, dated, guilty your honour. you know the drill. I was just waiting on the court summons or request for my license etc etc.

about 2 weeks later I received the SAME NIP in the mail again. Blah Blah, same time date everything.

I called the cops and they said to disregard the second one as they had already receiving my guilty pledge on the first one.

Here's the best bit....i NEVER heard anything of it again. Right up until the day I moved which was almost 3 years later...nothing. No prosecution, no points, no fine.

Don't ya love red tape and beurocracy!