NIP Dated 87 Days After Alleged Offence

[mrpenguin]

Hi there,

 

Looking for advice on how to handle & respond to the following:

 

Received NIP today 10th March 2016, the NIP was dated 9th March 2016 with the alleged offence occurring on 13th December 2015.

 

Offence was 41 in a 30 zone.

 

The wife was driving at the time.

 

The wife has been the registered owner/keeper for about 4 yrs.

 

The vehicle and plate have been registered at the current address for over 12 months.

 

I've seen comments and advice about NIPs needing to be served within 14 days of the offence, which this is clearly outside, but what I wanted to know is what is my/wife's positon here, who should we write to and what should we say

 

Many thanks in advance for any help

 

Mr P

Edited March 10, 2016 by mrpenguin
dates

[renegadeimp]

How long the police have to issue a speeding notice

The police must serve an NIP within 14 days of the alleged speeding offence, but there are some circumstances in which the notice will still stand even if it's served later than this, for example:

 

if extra time is needed for the police to act with 'reasonable diligence' to find out who the registered keeper is and how to contact them; or

if the delay was the driver’s fault, for example because they have not told the DVLA of a recent change of address.

 

 

Source: http://www.which.co.uk/cars/driving/driving-advice/dealing-with-speeding-tickets/speeding-fines-your-rights/

[milneg]

s.1 Road Traffic Offenders Act 1988 says that a NIP must be issued within 14 days of the offence. It specifically says that you cannot be convicted unless you are issued with a NIP within 14 days. Since they know this, their conduct amounts to fraud under s.1 Fraud Act 2006 (and misconduct in public office).

[renegadeimp]

No it doesnt.

[mrpenguin]

Just to update - it turns out my wife didn't change the V5 details when we moved so the original PCN went the old address. Ironically it was about 10 days after our mail redirect expired. The new occupants passed any mail to our old neighbors who passed it on to us after we checked. So considering they had the wrong address originally and subsequently had to send a 2nd notice after checking where we did live, it is considered reasonable diligence.

 

Subsequently my wife has since attended a driving awareness course

 

Thanks all for you input.