It's time for the monthly 'advice on speeding fine' post…

Don’t get caught out by not naming the driver. Regardless of the lateness of the NIP you still have an obligation to fulfill your requirements on the S172 form. You’ve got 14 days from receipt of the NIP to do this.
I think you include your “out of time” letter that appeared on page 1.
The fine and endorsement code for this is WAY worse than 3 speeding points!!

ah, OK. useful to know as i thought that would ‘go on hold’ for now whilst I contest it?

I’ll drop the fuzz* a quick call to clarify..

DrP

*terminology completely tongue in cheek..!

Have a look on pepipoo. There’s loads of threads about what to do..

ooh ooh ooh, hold the pitchforks and get down from the high horses…

I’ve just rang them and it appears the DID send out an NIP on the 10th May, but the DVLA database wasn’t updated (we moved in August 2015… 🙄 ), hence the reason it’s taken this long.

When I suggested that of course they’ll be able to send me proof of such a letter and chain of events taking place, the chap on the phone felt that proof of this wasn’t available or needed…! My slightly tongue in cheek comment of “who needs proof eh when it comes to the law and prosecution” fell on deaf ears!

So it looks like she’ll be bang to rights and Crikey’s plan can be instigated, Larrydavid can wipe the smirk off his face, and the sweet baby Jesus can sleep peacefully knowing another hardened criminal has been busted 😉

Oh wells…we ‘ad a laugh..

DrP

Oh wells…we ‘ad a laugh..

and if they see this thread, you will both almost certainly get 10-15 years for conspiracy to pervert the course of STW justice….

I’m confused as to which outrage bus to get on now, it’s Europe’s fault I’ll be bound.

Europe is the new Thatcher?

Be worth while asking a lawyer about it.

To be fair I think Larry David’s question was a fair one. A philosophical diversion to be sure but a reasonable question. While the law is absolute there are definitely grey areas in respect to our own social morality.

Without even straying from driving offence you can easily demonstrate this. Compare middle lane hogging to speeding to texting while driving to drink driving.

All of these are strictly breached of the law but only one is really seen a socially unacceptable.

DrP – when did you get the new V5?
If you can clearly show you notified DVLA of the change and the fact they replied issuing a new V5 then the burden moves back to them to prove they issued the NIP correctly.
Pepipoo is still the best place.

What’s the docref on the V5?
If it’s pre offence the 14 day rule applies, if it’s post offence then you’ve nowhere to go!

Unfortunately not the case I think – it seems if the police made all reasonable attempts to obtain the correct address then the 14 day rule doesn’t apply. The DVLA aren’t the police – if they’re at fault then the police are allowed to be late issuing the NIP.

aracer – depends on when DVLA sent the new V5 and also when they sent out the updated records for the PNC.
The Police will run a PNC check and an index check which will come back with the details held by DVLA on the PNC.
If they haven’t done the update then its not the OP’s fault.
If DVLA have sent the updated info out in sufficient time for the police to have updated their records then the “all reasonable attempts” falls foul.
Pepipoo is still where the OP needs to go though.
There’s at least three serving traffic cops on there who help out.

We’ve recently been through a similar thing (car registered in my name, wife driving), she mentioned that she thought she’d been caught by a motorcycle cop in a lay-by a couple hundred yards from our house.
Sure enough a few days later I receive the letter, fill out her details and send it back (she was doing 43 in a 30).
The form comes back to her and she chose the option to go to naughty drivers school (£95).
She did the course last week and was surprised that it was mostly old people (probably because it was a weekday afternoon).

BTW My son’s a Police Constable and he mentioned the 14 day NIP rule, but it didn’t apply in our case.