NIP dated late but Police say they sent it earlier

[galewis]

Hi...

Alleged speeding offence was on on 22/05/2010. I received a NIP dated 14/07/2010. I wrote back saying that the NIP was time lapsed as it was longer then 14 days after the alleged offence. They've written back and said that the NIP was served on 03/06/2010. I certainly never received it. But more suspiciusly, the NIP I did receive in no way indicates that it is a reminder or refers to the supposed earlier NIP. It also seems like a long time to wait after not receiving a response to the supposed earlier NIP to send out another one. Normally if you don't respond to the NIP, you get a reminder in a week or two, but this was getting on for six weeks later and as I say, it makes no reference to the earlier NIP? Am I being had?

I know there's no point in asking them to 'prove' that they sent our the earlier NIP as I know they don't need to send things 'recorded'. Any advice on my next steps would be appreicated.

Thanks everyone.

Gary

[galewis]

Also, up until now I have not retured the NIP confirming that I was the driver at the time of the alleged incident. I'm wary of the need to admit that it was me within a certain time frame. If I fill it in and send it along with my reply to the post above, am I waving my rights in any way, or am I just saying 'yep... it was me and I am the registered keeper'?

Thanks

Gary

[Steve]

All depends on whether you were the registered keeper at the time of the offence.

The registered keeper must be served within the 14 days. The registered keeper can then nominate the driver at the time of the offence, and has 28 days to do so. After that, the nominated driver can be informed up to 6 months later (strictly speaking, the papers must be served within 6 months – or something along those lines).

If you are not the registered keeper, then the NIP way not have timed out.

[galewis]

Thanks for the reponse. I've had the car from new and have always been the registered keeper.

[Steve]

If you still have the envelope, check the date stamp on it (assuming it has one).

Failing that, you can ak the legal folks at PePiPoo: http://www.pepipoo.com/faq.htm