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: 70701
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

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: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Were you stopped at scene?
Customer: replied 2 years ago.

No just the notification by letter.

Expert:  Jo C. replied 2 years ago.
Are you the registered keeper?
Customer: replied 2 years ago.

The car is registered to my company

Expert:  Jo C. replied 2 years ago.
Is that at a different address?
Customer: replied 2 years ago.

No same address.

Expert:  Jo C. replied 2 years ago.
Ok.
What is the post mark date on the envelope?
Does is say reminder on the letter anywhere?
Customer: replied 2 years ago.

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

Customer: replied 2 years ago.

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

Expert:  Jo C. replied 2 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