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Hyundai i30 - NIP with errors - Gordon17

Looking for some guidance.

My wife has received an NIP today dated 11th October referring to an offence on Wednesday 10th August at 2325 hours. 10th August this year was actually a Friday when we were on holiday 150 miles from the alleged location though we would have passed through the place at about that time on Saturday 11th August.

The NIP states that such a notice must be served within 14 days of an incident that may lead to a prosecution for the offence named. The offence is "Contravene Red Automatic Traffic Signal (Motorway)" which I am fairly sure I didn't do when I drove through the location on the Saturday night.

2 questions - is it served too late and do the date errors make it invalid?

Thanks in advance for any help.

Hyundai i30 - NIP with errors - Bromptonaut

IIRC time limit for service of NIP relates to it being sent to registered keeper. If it's a company or hire car then it's service at registered address that counts. If they're served in time and name your wife as driver then probably good service.

Minor mistakes can be corrected under 'slip rule' up to court date. Whether, if camera or evidence of observation by a constable is good enough, a slip over date is fatal probably needs proper legal advice for which you need to pay.

Some solicitors might give you a few minutes free over phone or local Citizens Advice might have 'pro-bono' appointments. Either will give an overview of whether you've a defence or if best to hope for offer of an driver improvement course.

Hyundai i30 - NIP with errors - Gordon17

Thanks Bromptonaut

It's our own car, not hired or company, and is dated 2 months after the alleged offence.

It's been sent to us at the address at which the car is registered.

Edited by Gordon17 on 16/10/2018 at 23:20

Hyundai i30 - NIP with errors - Bromptonaut

Thanks Bromptonaut

It's our own car, not hired or company, and is dated 2 months after the alleged offence.

It's been sent to us at the address at which the car is registered.

I made an assumption that offence was in England. May be different in other parts of UK.

Sounds like they missed and are trying it on. Research legislation (Google is your friend) and ask them to justify late service else you'll take point in court.

Hyundai i30 - NIP with errors - Gordon17

Yes it was in England - M25 at St Albans.

Hyundai i30 - NIP with errors - ExA35Owner

Check the V5 registration document. Has it got your address exactly right? If not, that could be why you didn't receive the first copy, as this is almost certainly a reminder, although apparently some forces use the same format for original and reminder. Another possibility is that this is a leased car and the lease company is the registered keeper....

Next step - it is essential that the form is returned naming the driver unequivocally. If not the registered keeper - presumably your wife - commits an offence worth 6 points and a fine; and what's more your insurance company will be very unhappy and will raise your premiums.

In advance of this you might (a) phone the ticket office playing the bemused punter - try to find out why the form arrived so late; (b) why the date/day are confused; (c) ask for photographs to help identify the driver (NOT ask for evidence - critical point). The photo is unlikely to show the driver, to be honest, but may give you a clue as to the detail of the alleged offence.

Hyundai i30 - NIP with errors - Gordon17

The V5 is correct and we've had the car 9 years all at the same address. We bought it brand new and paid in full, so no leasing company involved.

I know we can write a letter explaining this, but we can't name the driver of the car on Wednesday 10th August 2018 as there was no Wednesday 10th August 2018 and on both Wednesday 8th August and Friday 10th August the car was 130 miles from the location. We would have passed through the location on Saturday 11th August, with me driving, but not at the time stated.

Hyundai i30 - NIP with errors - Cris_on_the_gas

Could it be Wed 10th October. Logical if date of NIP was 11th October. Could you have been in the area at the time ?

Hyundai i30 - NIP with errors - RT

The V5 is correct and we've had the car 9 years all at the same address. We bought it brand new and paid in full, so no leasing company involved.

I know we can write a letter explaining this, but we can't name the driver of the car on Wednesday 10th August 2018 as there was no Wednesday 10th August 2018 and on both Wednesday 8th August and Friday 10th August the car was 130 miles from the location. We would have passed through the location on Saturday 11th August, with me driving, but not at the time stated.

I've successfully got away with something similar - the NIP gave the wrong time and I could show that I was somewhere else at that time - it took a lot of correspondence and I made clear I was the driver "in charge" of the car being the last to drive it before that time and the first afterwards with the keys remaining in my possession throughout.

I suggest you try the same without mentioning Saturday 11th August at all - if their first response is to correct the error in date then don't continue with that defence.

Hyundai i30 - NIP with errors - nick62

So basically the office issuing NIP's can be staffed by the most incompetent staff on the planet and they can still prosecute you?

When did we stop employing people who are "fit for purpose" in this country?

Unrelated, but in a similar vein: www.bbc.co.uk/news/uk-wales-45879154

Hyundai i30 - NIP with errors - Gordon17

Could it be Wed 10th October. Logical if date of NIP was 11th October. Could you have been in the area at the time ?

That's a good point - I think my wife would have been there at about that time on Wednesday 10th October and I'm afraid that she is more likely to have committed the offence than me. She drove down to Portsmouth and back last Wednesday evening to visit a relative in hospital and would have come through there at about the right time.

Hyundai i30 - NIP with errors - Cris_on_the_gas

Hello Gordon.

OK I am not sure of the legal aspect of getting the date wrong, I suppose when you question it they would respond with the correct date. Pretty certain that a minor clerical error still puts you in the frame. Others more qualified will no doubt have a better view.

If it were me I would remove your post as if they did just correct the error and tried on the NIP within 14days of 10th October then you have just admitted on a public forum that you or your wife was in the area at the time. I might just be over cynical although.

Edited by Cris_on_the_gas on 17/10/2018 at 15:09

Hyundai i30 - NIP with errors - Avant

I think the risk of that should be minimal. Even if the relevant pen-pusher came on here (perhaps asking where to find a diesel BMW for £1,000), they won't know who Gordon is.

Only I can see his Email address, and I'm not telling.

Hyundai i30 - NIP with errors - Gordon17

And my name's not actually Gordon!

Hyundai i30 - NIP with errors - Gordon17

Just a quick update.

When we got home tonight there was another letter with the correct date of Wednesday 10th October including a note that it replaces the first one.

So that's all in order and my wife will need to fill in the form identifying herself as the driver and wait to see what happens next.

Thanks for the replies.

Hyundai i30 - NIP with errors - nick62

I think it's risible that they can do this. Just how difficult is it to send a correct NIP?

I wonder if Nick Freeman knows if there is any way this type of f***-up can be thrown out?

Good luck, a similar thing happened to me15 years ago (they got the road designation wrong).