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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70525
Experience:  Over 5 years in practice
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Hello, I was recently caught speeding in a company van, on

Resolved Question:

Hello, I was recently caught speeding in a company van, on the , 12/01/14 and was then informed by my company on the 29/01 , my company told me that they would tell police that I was driving in couple of days . I have now only just received the notice of intended prosecution which was sent from the police on the 11/03/14 , a friend of mine has told me that this should have been sent to me sooner and that as a result , I can no longer be prosecuted as to much time had elapsed since the police had been given my details , is this true. My speed at the time of thi offence was 36 in 30.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Just to clarify, your company have confirmed that you were the driver please?
Customer: replied 3 years ago.
Hello joe, yes my company confirmed to the police that I was driving a few days after they had received notification from the van lease company.The date would have been around the third to the seventh of February that police were told I was driving , and have only just today got letter of intended prosecution today.
Expert:  Jo C. replied 3 years ago.

Sorry if I'm missing the point but why should they be time barred here?

Customer: replied 3 years ago.
My mate seems to think that they have a limited time from knowing who the driver was to getting in contact with that driver in order to prosecute.
Expert:  Jo C. replied 3 years ago.
Thanks.

You have been misadvised.

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.

The issue though is when the first NIP is received by the registered keeper. When it reaches the actual driver is a non issue except, of course, it must be in court within 6 months.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

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

Jo

Customer: replied 3 years ago.
Thank you for the information as I already have six points is it likely that I may be offered the speed awareness course if I admit to the offence , I have not as yet ever been offered this as alternative to points.
Expert:  Jo C. replied 3 years ago.
It is possible but not likely I'm afraid.

Usually they only make that available for a person with no points or only 3.
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