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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70719
Experience:  Over 5 years in practice
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I have received a Notice of Intended Prosecution for Speeding,

Customer Question

I have received a Notice of Intended Prosecution for Speeding, and have requested the photographic evidence in writing. I have received an email reply stating that it is being dealt with. However 26 days after receiving the notice I have still to receive the photographic evidence.

I have phoned twice to further request the evidence but on each occasion have been assured that it will be sent and that I needn't worry about the normal 28 day timescale requirement to return the form confirming who the driver was.

Can you advise if that is correct, that I can safely ignore the 28 day timescale.

With thanks in anticipation,

Bob Woods
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Jo C. :

Hi. Thank you for your question. My name is XXXXX XXXXX I will try to help with this. When did the alleged offence take place?

Customer:

Saturday 21st December. Then I received a notice dated 8th january

Expert:  Jo C. replied 3 years ago.
Hi

I've converted this to Q and A.

Have you already exceeded the 28 days?

If so, then thats bad news. Is this the first NIP? Or is it a reminder? I don't think it can be from the time tables you quote.

Please forget photographic evidence. You have no rights to it at this stage.
Customer: replied 3 years ago.

Is it not material that the police have said in writing they will send me the photographic evidence? This is the first NIP not a reminder.

Expert:  Jo C. replied 3 years ago.
No, its a non issue.

Are you out of time ?

Or is it just in time?
Customer: replied 3 years ago.

Its just in time!

Expert:  Jo C. replied 3 years ago.
Thanks for the information.

The request for photographic evidence doesn’t delay the S172 request. In fact, its a legal nonsense perpetuated by sites like Pepipoo.

S172 places the onus onto you to ascertain who the driver was on any particular occasion and, in fact, reverses the burden of proof onto you to show that you cannot.

The police are under no obligation at all to provide photographic evidence. Often they will do so but the fact that they have not does not give you a defence to failing to identify.

The email that you’ve received was probably just sent out by a civilian support worker and anyway even if it was sent out by the Chief Constable himself does not mean that failing to supply that gives you a defence to not providing within 28 days.

You can always take the chance. Generally speaking on a first NIP they will send you a reminder before summonsing you to court. Nobody can guarantee they will do that but its their common procedure.

Whoever told you that you didn’t need to comply within 28 days is talking nonsense though I’m afraid.

Hope this helps. Please let me know if you need more information.

Jo
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Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/