HGV's and NIP's, Urgent advice needed...

[Codbasher]

Was caught on the A40 near Witney on the 2nd Dec 05, doing 50mph (We should only do 40 on a single carridge A road) Now I work for a Haulage Co and last week I recieved a letter from the Co saying about a NIP for the above offence, no probs I thought that was Months ago..........


Today i recieved a NIP from Thames Valley Police, for the above offence, the letter was dated 06/03/06, now am I right in thinking they are taking the piss trying to do me now, or are they right and I'm in the doo dahs....... !7!

Does it make a difference, with TVP having to trace me via the Co, that the 14 day rules does not apply......

Please can I have sensible answers from people who are 100% sure, pref Cops, before I tell TVP to go F*** emselves.....



I will let you know when the piss taking can start......... h1d1ng2

 

[T.C]

The NIP must be served on the registered keeper within 14 days of the alleged offence, and simply by sending it in the post first class it is deemed to have been served. The fact that your truck is registered to a company it would be unreasonable to expect you to get the NIP within the 14 days.

The fact that you heard nothing for some time has no bearing matters not as the law has been complied with and the registered keeper was served with the NIP within the 14 days and it would have taken a little while for notification of the driver to be returned to TVP and a new NIP sent out.

The central ticket office at Banbury is one of the most efficient I have come across. Sorry you do not have a leg to stand on!

 

[gypsy]

can we start now then Coddy ?

 

[ianrobbo1]

watching this with interest :bang: give you one guess why!! :cry:
fookin Grimsby scamera vans!! :bang: out of interest can they do you going "away" from the van as well as "to" it??

 

[chuffmeister]

yes %$fan.......

 

[ianrobbo1]

yes %$fan.......

NO!! not the answer I want to see!! :} try again!!! :cry: pleeeze!! :dunno:

 

[Codbasher]

can we start now then Coddy ?

NO!!!......... b0x1

 

[Codbasher]

Am I right in thinking that 'IF' my Co did not get th NIP within 14 days of the offence I may have a case???



Is there anyway i could argue this?? sh1tehppns

 

[Rolfy Dave]

Am I right in thinking that 'IF' my Co did not get th NIP within 14 days of the offence I may have a case???



Is there anyway i could argue this?? sh1tehppns

Depends on whether or not they lease or hire the vehicle.....

Once the origional letter is sent out to the registered keeper of the vehicle, it just gets passed down the line ending up with the driver (you)

Sorry to say there is nowt you can do(as you cant even question the ID of the driver with current hgv law)

Sorry mate,

Rolfy

 

[R2B2]

'ang on a minute......

If the alleged offence was at the beginning of Dec last year, and the Company only informed you last week, isn't it too late??

What I mean is don't you need to find out when the Company received the first NIP? Cos as TC says, it needs to be within two weeks..... and if it was only last week then surely you must be in the clear..?

Or did the Company DEFINITELY receive the NIP within two weeks of the alleged offence, BUT only told you last week? (which I guess is different).

If you have any doubt you could join Pepipoo as I did. They'll look at it for you (not that I doubt that TC's advice is anything but sound).

www.pepipoo.com

 

[Duck n Dive]

My understanding is that they don't have to meet the 14 day rule if the driver is not the registered keeper.

However, they do have to act "within a reasonable time" to identify and notify the driver.

Suggest you need some good advice (rather than us lot saying what we think".
My "what I thunk" would be that you might have a chance - and almost certain to if you're company either didn't get the NIP within 14 days or did get the NIP and responded straight away.......

Key to this is going to be TVP process... if they took ages to either chase/follow up or respond at any stage you might have a chance..... 3 mths is a hell of a long time.....

Initial NIP to lease company........+ two weeks waiting response (4 wks in all?)
Annother NIP to your company....+ two weeks waiting response (4 wks in all?)

That takes you from beginning December to end of January.......??

Annother 1 1/2 months on top for what??

 

[T.C]

When should you get one?

The following offences require (under Section 1 of the Road Traffic Offenders Act 1988 - you'll find the whole Act here) that you be given notice of the fact that you may be prosecuted:-
a) Dangerous Driving
b) Careless & Inconsiderate driving
c) Leaving a vehicle in a dangerous place
d) Dangerous cycling
e) Careless & Inconsiderate cycling
f) Failing to conform with the indication of a police officer when directing traffic
g) Failing to comply with a traffic sign
h) Exceeding temporary speed restrictions imposed by s 14 of the Road Traffic Regulation Act 1984
i) Exceeding speed restrictions on a special road
j) Exceeding temporary speed limit imposed by order
k) Speeding offences generally

What form must the notice take?

It can be :-

a) given verbally at the time of the offence, or

b) by a summons being served on the offender within 14 days of commission of the offence, or

c) a notice of intended prosecution, specifying the nature of the offence and the time and place where it is alleged to have been committed, must be served on the offender, or the registered keeper of the vehicle at the time of the offence, within 14 days of the offence.

These provisions are deemed to have been complied with unless or until the contrary has been proved (ie you will have to raise it).

If you have not been given the notice within 14 days (ignoring the day of the offence) then they cannot proceed against you unless an exception applies (see below).

Exceptions & Get Outs

a) No such notice is required if a full or provisional fixed penalty notice has been given or fixed under the Provisions of the Road Traffic Offenders Act 1988

b) A notice sent by post must be dispatched so that it would reach the driver within the 14 days within the ordinary course of the post. If this is the case then it will have been deemed to have been served even if it is delivered outside the 14 day period.

c) If there is an accident involving the vehicle in question, of which the driver is aware, then the police do not need to provide a Notice of Intended Prosecution.

d) Failure to comply is no bar where the police could not with reasonable diligence have ascertained the name and address of the accused in time for service of the summons or notice within the 14 day period, or the accused contributed to such failure. [This might apply for example if you drive a hire car, company car or you were not the registered keeper]

e) Service of a notice at the last known address of the accused will suffice for good service.

 

[Duck n Dive]

TC.... as ever full of usefull detail :yo:


Think the bit that had stuck in my mind was the "reasonable diligence" bit....

 

[Codbasher]

Yes it was a rented vehicle and Renault/wont tell me when they got the NIP............



Looks like a cough up and 3 points, first ones in 30 years........


Bring back the traffic cops, slap on wrist, piss take and on yer way mate....

 

[gypsy]

can i .......?

 

[Codbasher]

can i .......?

Not yet, I will tell you when............... h1d1ng2

 

[R2B2]

Yes it was a rented vehicle and Renault/wont tell me when they got the NIP............

Coddy - you can't just roll over and take the points 'cos some twat at Renault or wherever won't tell you when they received the original NIP...... you have to do something about it mate.

Perhaps try approaching someone else there, or making a polite demand somewhere, I don't know what, :dunno: but you need to fight yer corner a bit harder than that mate.....

Good luck

 

[Chunky Monkey]

watching this with interest :bang: give you one guess why!! :cry:
fookin Grimsby scamera vans!! :bang: out of interest can they do you going "away" from the van as well as "to" it??

phook me robo, that`ll be the back wheel gone out the bling machine to pay for that then..............................

 

[ianrobbo1]

phook me robo, that`ll be the back wheel gone out the bling machine to pay for that then..............................

it's ok Chinks! I've another two and a spare front!!

 

[Wolfie]

Coddy - you can't just roll over and take the points 'cos some twat at Renault or wherever won't tell you when they received the original NIP...... you have to do something about it mate.

Perhaps try approaching someone else there, or making a polite demand somewhere, I don't know what, :dunno: but you need to fight yer corner a bit harder than that mate.....

Good luck

dont matter rob, if the hire company does not make a fuss about the time delay, then there is feck all you can do you are nicked.


ops manger here got this last week. the orginal was dated 2 days to late , hire company filled in details named her etc, job done, she is nicked.