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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70194
Experience:  Over 5 years in practice
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I have received a Notice of intended prosecution alleged

Resolved Question:

I have received a Notice of intended prosecution for an alleged speeding offence on a motorway 7 days prior.
The notice was served to a previous and therefore incorrect address.
DVLA were notified some weeks ago of the change of address and have already sent the new registration document with the correct address.
The NIP was only received because our mail was re-directed. Is the NIP still valid with an incorrect address?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hello what was the speed and the limit?
Customer: replied 1 year ago.
M4 motorway limit was 70mph speed according to police was 82mph
Regards Howard
Expert:  Jo C. replied 1 year ago.
Was the NIP served within 14 days?
Customer: replied 1 year ago.
Yes it was.
Expert:  Jo C. replied 1 year ago.
Are they still within 6 months?
Customer: replied 1 year ago.
I am sorry I dont understand the question. Who is they?
Expert:  Jo C. replied 1 year ago.
The police?
Customer: replied 1 year ago.
The NIP was issued within 7 days of the alleged offence.
Customer: replied 1 year ago.
The relevant point is that the NIP was issued to an incorrect address despite V5C being registered at my current address
Expert:  Jo C. replied 1 year ago.
That is a non issue in the circumstances.There was a changeover at the DVLA. All they have to do is send out to the registered keeper on record at the time a NIP. If there is a changeover then that doesn't mean they are out of time.Also, even if they had used a completely incorrect address you have received it so there is no defence to failing to provide.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
No I am not suggesting they are out of time but it is only because I elected to have my mail redirected that I have received the NIP. The police have made a mistake or DVLA have, in writing to an address that I no longer live at. I moved in December and notified DVLA at the time so I wonder why they have sent the NIP to the previous address?
Expert:  Jo C. replied 1 year ago.
Because there was a changeover at the DVLA.
Customer: replied 1 year ago.
So why is a changeover at DVLA my problem? I suppose what I am trying to say is that if the NIP document was incorrectly addressed then I may not have known that it had been issued and would be none the wiser. Look I have got the NIP and I intend to complete it but my point was that technically the police could not prove that I had received it because it was incorrectly served. I was querying a technicality but I think you don't get my pointūüėü
Expert:  Jo C. replied 1 year ago.
That is because it is not a challenge. This is not a technicality. It is a non issue.
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