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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70696
Experience:  Over 5 years in practice
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I have a noticeof intention to prosecute dated 17 February

Customer Question

I have a noticeof intention to prosecute dated 17 February 2014 for an alleged speeding offence of 63mph in a 50 limit on 28 January 2014. I count that as twenty days. Has the fourteen day rule been breached? Thank you, XXXXX XXXXX
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.

Are you the registered keeper?
Customer: replied 3 years ago.
I am not the registered keeper. It is a company car and the fleet manager advised me that he was returning my details as the driver. I have no quibble with the returning of details or the subsequent delay in a second NIP being issued to me on 18 march 2014.
My question relates to the correctness or otherwise of the original NIP in so far as it relates to me
Thank you
Expert:  Jo C. replied 3 years ago.
I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

I am sorry but its bad news.

Unfortunately the rules are that they must send out a NIP on a date that would by ordinary post reach the registered keeper within fourteen days. When it reaches the actual driver is a non issue.

Since you are not the registered keeper you do not have that protection. The police will have sent the original NIP to the keeper probably within fourteen days and they replied naming you as the driver. Sadly they are still in time.

Obviously you could wait to see if they remember to summons you. They do quite often forget and if they do you will walk away within nothing.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

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

Jo
Customer: replied 3 years ago.
Thank you. My question related to the original NIP which took twenty days, from the day after the offence, to reach the registered keeper. If that falls outside the fourteen days, can I still be prosecuted?
Expert:  Jo C. replied 3 years ago.
But surely that isn't the original as you are not the registered keeper?

That is the second NIP sent to you?
Customer: replied 3 years ago.
The first NIP went to the keeper and took TWENTY days. The keeper advised my (the driver) details. I now have a NIP in my own name.
Since the first NIP took twenty days to arrive, has the process failed? Or can I still be prosecuted despite the administrative error on the first NIP?
Expert:  Jo C. replied 3 years ago.
It depends.

Whats the date of ISSUE on the first NIP?

Also, were you stopped at scene?
Customer: replied 3 years ago.
Date of offence 28 jan 2014
Date of issue of first NIP 17 February 2014
Date of receipt (date stamped at office) 18 February 2014
I was not stopped at scene. The offence is Excess Speed 50mph - automatic camera device
Expert:  Jo C. replied 3 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.
Jo C. and other Law Specialists are ready to help you
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/