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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70505
Experience:  Over 5 years in practice
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Hi. I have just received a notice for intended prosecution

Resolved Question:

Hi. I have just received a notice for intended prosecution for speeding at 59 mph in a 50mph zone. The date of the offence was 20/05/2014. The date on the NIP is 23/06/2014. Am I right in saying that a NIP has to be delivered within 14 days to be valid? How should I proceed?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

Are you the registered keeper?
Customer: replied 3 years ago.
Yes. I am the registered keeper. Also I would add that the police cannot use the excuse that the needed to do extra due diligence to find the registered owner because I received another fixed penalty notice in jan of this year
Expert:  Jo C. replied 3 years ago.
Does this say reminder upon it anywhere?

Were you stopped at scene?
Customer: replied 3 years ago.
No. No reference to reminder and I was nit stopped at the scene
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.
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