Who has points on their license?

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Twenny
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Re: Who has points on their license?

Post by Twenny » Sat Jan 13, 2018 10:54 am

Peter9588 wrote:So guys, we’re on them 16th day and I’ve not received anything. What do we think...?
If the car is registered to you and your address is current with the DVLA then you should be in the clear.


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Peter9588
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Re: Who has points on their license?

Post by Peter9588 » Sat Jan 13, 2018 11:45 am

Twenny wrote:
Sat Jan 13, 2018 10:54 am
Peter9588 wrote:So guys, we’re on them 16th day and I’ve not received anything. What do we think...?
If the car is registered to you and your address is current with the DVLA then you should be in the clear.


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100% is, checked my V5 earlier in the week when i hadn't heard anything.
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Twenny
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Who has points on their license?

Post by Twenny » Sat Jan 13, 2018 11:54 am

Peter9588 wrote: 100% is, checked my V5 earlier in the week when i hadn't heard anything.
However. There is a grey area that has been argued here before in regards to this -

I believe that as long as the NIP has a stamp dated on the envelope BEFORE the two weeks has elapsed following your offence then the NIP is active regardless when you receive it. if it gets lost in the post for example. (My argument is that you could easily lie and say that you didn’t receive the NIP before the two week threshold)

Others believe it has to be delivered to your house BEFORE the two weeks has elapsed, so you have to RECEIVE the notice before the two weeks.

Cue discussion lol




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Johnnyo
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Re: Who has points on their license?

Post by Johnnyo » Sat Jan 13, 2018 4:03 pm

Thye will generally send out within 7 days to ensure this doesn't happen - and I believe they do keep records of when sent too...

Hopefully OP is not he clear - horrible waiting.. I had similar last year after waiting after spotting a van and braking from an interesting speed...
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Re: Who has points on their license?

Post by ASB1960 » Sat Jan 13, 2018 5:51 pm

Twenny wrote:
Sat Jan 13, 2018 11:54 am
Peter9588 wrote: 100% is, checked my V5 earlier in the week when i hadn't heard anything.
However. There is a grey area that has been argued here before in regards to this -

I believe that as long as the NIP has a stamp dated on the envelope BEFORE the two weeks has elapsed following your offence then the NIP is active regardless when you receive it. if it gets lost in the post for example. (My argument is that you could easily lie and say that you didn’t receive the NIP before the two week threshold)

Others believe it has to be delivered to your house BEFORE the two weeks has elapsed, so you have to RECEIVE the notice before the two weeks.

Cue discussion lol




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RTOA and the interpretations act are relevant.

Day 0 was 31/12/17. 14th day is 14/1/17. It is clear days so the 15th is the magic date for latest service.

If it is not received then the chief constable can rely on proof of dispatch and the interpretation act.

And it can get jolly messy.

A brave person could wait until the 16th day and ring up the ticket office.....

Even if a NIP is received out of time for the underlying offence the S172 request to name the driver must be responded to. 6 points and an insurance unfriendly MS90 if not.

Some forces will use a nip which combines the S172 and the underlying offence; for orhers itcis a 2 stage process. In any event if the underlying event is out of time this needs to be brought to their attention.

It is only the first nip to the RK that needs to be in 14 days.
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