How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70708
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

Hi I had a speeding ticket(NIP) taken from a camera van. The

Resolved Question:

Hi
I had a speeding ticket(NIP) taken from a camera van. The offence was on 23rd July, yet I wasn't informed until 12th September. I haven't returned the form yet. What shall I do? I have been told that if over 3 weeks pass before being issued with the ticket, they have no right to prosecute. Is this correct? Thanks
Regards
Wayne
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

Expert:  Jo C. replied 3 years ago.
Does this S172 request say reminder on it anyway?
Were you stopped at the scene and spoken to by an officer?
Customer: replied 3 years ago.

I've just had a reminder, but the the original letter was 9th September.

No I was not stopped, the first I knew of it was the letter. I remember seeing the camera van though

Expert:  Jo C. replied 3 years ago.
Ok.
Do the DVLA have the correct address for you and have they always had?
Customer: replied 3 years ago.

No, I bought the car 5 months ago and have only recently received my log book as the original was lost in the post when I bought it. I had to apply for a log book and pay £25 fee. So I'm guessing a ticket may have been sent to the original owner who I can not get hold of.

Expert:  Jo C. replied 3 years ago.
Ok That will be the issue then.
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 difficulty here is that they could argue either that they did send the NIP to the original owner or that they made reasonable efforts to trace you in time which would start their time afresh.
In any event, 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 3 years ago.

OK, so what you're saying is, send back the S172 and if they then try to prosecute, then I object due to the time element?

Expert:  Jo C. replied 3 years ago.
Yes, but be aware that they might argue that original NIP was in time.
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

One last question, I need to remember to sign the S172?

Expert:  Jo C. replied 3 years ago.
Yes, you need to fill it completely or they will just charge you with failing to identify.
Customer: replied 3 years ago.

Thanks, ***** ***** clarify matters.

Expert:  Jo C. replied 3 years ago.
No problem.
All the best.