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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I received a Notice of Intended Prosecution which was dated

Customer Question

I received a Notice of Intended Prosecution which was dated 18/02/2015 for an offence committed on 29/01/2015 - a gap of 21 days. I understand there is a ruling which would make prosecution not possible, based on the time lapse between offence and issue of NIP - is this correct?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Are you the registered keeper please?

JACUSTOMER-qq66uee9- :

Yes

Alex Watts :

Ok. Then yes it must be served within 14 days.

Alex Watts :

You need to write back and say it is out of time.

Alex Watts :

That is then the end of the matter.

Alex Watts :

They must issue it within 14 days.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-qq66uee9- :

No I guess that is it thanks

Alex Watts :

Great. If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.
I am very sorry but the answer above is wrong.The NIP might well be out of time. We will look at that in a moment.However, what you have received is a S172 request as well. The document comprises two legal entities. If you do not respond to that naming the driver they will charge you with failing to identify which is probably what they are hoping you will do.Therefore you should not write back in the way suggested. You should respond to the NIP naming the driver.Can I clarify anything for you"?Jo
Customer: replied 2 years ago.

Thank you. I did reply to the NIP confirming I was the driver. Subsequently they have now sent me the offer of a fine with points, attend a course or request a court hearing (which I have done) - but also at the same time pointing out the 21 day time gap and asking them to cancel the charge. They just acknowledged receipt of my email but nothing else yet. So how do I stand please?

Expert:  Jo C. replied 2 years ago.
It does rather depend.
At least you have complied with your duty under S172 and so cannot be prosecuted for failing to identify.
Whether the NIP was in time is a bit more complicated than the answer you have received. They are unlikely to have sent out an earlier one given the dates in question but they may try to argue that they made reasonable efforts to find you. It depends on the facts of the case.
However, overall I would never accept the fixed penalty. The fixed penalty is no more than an administrative means of disposing of these cases. It helps pressure on the court not you.
I would refuse and wait to see if they summons. You can always plead guilty by post. You do need to understand though that if they go to court and you are convicted or plead the costs and fine is much higher but the points are the same.
If you want to argue this NIP point though then you can only do that at court so you would have to refuse the NIP.
Sometimes they do serve these out of time and then offer the FPN in the hope that nobody will notice so a risk may pay off.

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