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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience:  Over 5 years in practice
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I have been issued with a speeding ticket at

Resolved Question:

I have been issued with a speeding ticket for traveling at 43 mph in a 30 mph limit.
The intent to prosecute notice does not say how the alleged offence was recorded and it's taken over 36 days for the notice to be sent. The allaged offence was on the 12/08/15 notice received 15th 09 2015.
Can you please advice.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Were you stopped at scene?
Customer: replied 1 year ago.

No just the notification by letter.

Expert:  Jo C. replied 1 year ago.
Are you the registered keeper?
Customer: replied 1 year ago.

The car is registered to my company

Expert:  Jo C. replied 1 year ago.
Is that at a different address?
Customer: replied 1 year ago.

No same address.

Expert:  Jo C. replied 1 year ago.
Ok.
What is the post mark date on the envelope?
Does is say reminder on the letter anywhere?
Customer: replied 1 year ago.

Sorry the envelope has been disposed off, but the notification letter is dated 14/09/2015.

Customer: replied 1 year ago.

The notification letter dated 14/09/2015 is the first and is not a reminder.

Expert:  Jo C. replied 1 year 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., Barrister
Category: Law
Satisfied Customers: 70003
Experience: Over 5 years in practice
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