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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69379
Experience:  Over 5 years in practice
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I have received this morning a notice for speeding dating

Customer Question

I have received this morning a notice for speeding dating back to 30 November 2013,however it is post marked the 9 December 2013 but only received the letter through the post this morning .Where do I stand on this matter??
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this. What were the details of the offence itself?
Customer: replied 2 years ago.
47mph in a 40moh zone
Expert:  Jo C. replied 2 years ago.
Thanks.

Are you the registered keeper please?
Customer: replied 2 years ago.
Yes I am
Expert:  Jo C. replied 2 years ago.
Thanks.

Does the new NIP say reminder on it anywhere?
Customer: replied 2 years ago.
No it doesn't
Expert:  Jo C. replied 2 years ago.
Good news then. They are time barred.

The rules are contained in S1[1]c] Road Traffic Offenders Act 1988 which you’ll find here

http://www.legislation.gov.uk/ukpga/1988/53/section/1

They must either deliver a NIP verbally at scene or serve it upon the registered keeper within fourteen days of the offence.

Under S1[1A] the notice should actually arrive within 14 days.

However, its important to respond in a particular way. The document you have received is confusing. Although it is one document, it contains both a NIP and a S172 form which are two different legal entities. They may well be time barred on the NIP but that doesn’t mean you can avoid your S172 responsibilities.

If you don’t respond naming the driver on the S172 form they will charge you with failing to identify. Probably they are hoping you will do exactly that so that they can prosecute you for something.

If you do fill out the forms naming the driver then its likely you would hear no more about it. If they do seek to prosecute you then you can rely on the fact that the NIP was out of time.

Hope this helps. Please let me know if you need more information.
Customer: replied 2 years ago.
Do I just name the driver (me) as normal or make a note of when the nip arrived with me in the post??
Expert:  Jo C. replied 2 years ago.
You need to name the driver but its best to keep the post marked envelope so there can be no dispute of the date.

Customer: replied 2 years ago.
But the postmark on the envelope is 9th December 2013 but it arrived in my postbox yesterday
Expert:  Jo C. replied 2 years ago.
What happens to your post normally?

Is there any reason it would have been this delayed?

That does cause problems I'm afraid
Customer: replied 2 years ago.
We have a normal delivery and can't understand why it's turned up now with that post mark on it
Expert:  Jo C. replied 2 years ago.
Well, the legislation does say 'served upon him'.

In the criminal courts we don't recognise normal postal rules but obviously a post marked date of the 9th December does give rise to an inference.

You could contest it on the basis that it wasn't served in time and then it would come down to whether the Bench believed you or not on that point.
Customer: replied 2 years ago.
Is it worth taking it to my nearest police station and explain what has happened??
Expert:  Jo C. replied 2 years ago.
No. Its nothing to do with them.

You just have to fill out the forms to comply with S172 and avoid a charge for failing to identify, wait for the offers and reject them if you want to go to court and then contest it in court.

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