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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70216
Experience:  Over 5 years in practice
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I have received a notice of intended prosecution dated 29/07

Customer Question

I have received a notice of intended prosecution dated 29/07 the offence was 14/07 can I reject this?
Submitted: 12 months ago.
Category: Law
Expert:  Jo C. replied 12 months ago.

Were you speeding?

Customer: replied 12 months ago.
Expert:  Jo C. replied 12 months ago.

Are you the registered keeper?

Customer: replied 12 months ago.
Its registered to my husband my son was driving I thought they had to advise you within 14 days?
Customer: replied 12 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Jo C. replied 12 months ago.

Was he stopped at scene?

Customer: replied 12 months ago.
no letter received today
Expert:  Jo C. replied 12 months ago.

You can't reject a NIP. At least, you can. Then they will charge you with failing to identify.

Expert:  Jo C. replied 12 months ago.

Because the S172 request is stand alone.

Expert:  Jo C. replied 12 months ago.

What you can do is comply with S172 responsibilities and then if they prosecute try to argue that the prosecution is defunct because they were out of time.

Expert:  Jo C. replied 12 months ago.

There is quite a lot of case law that says that the 14 day period begins the day after the incident so that it is a complete 14 days.

Expert:  Jo C. replied 12 months ago.

On my calculations though they are still one day out of time.

Expert:  Jo C. replied 12 months ago.

But you have to go to court to argue that.

Quite often as long as they receive a S172 form back they will not summons though.

They will offer a fixed penalty as that is easy for them to do. The question will be whether if rejected they would summons.

Obviously though then you are taking a risk.

Can I clarify anything for you?

Jo

Customer: replied 12 months ago.
it does say on the notice I didnt receive the notice within 14 days and advises that there is an exemption if the police cannot resonably obtain the keepers details within the time which is not the case here
The day after would be 15th the offence was 14 so that 15 days?(if you count 15th)
Expert:  Jo C. replied 12 months ago.

There is an exemption but it doesn't apply here unless there were problems at the DVLA.

Customer: replied 12 months ago.
but its still over the 14 days ?
Customer: replied 12 months ago.
the exemption is for the police to have longer if there were problems with DVLA which there wasn't so shouldnt it have been received within the 14 days?
Expert:  Jo C. replied 12 months ago.

No, it should have been despatched within 14 days.

Customer: replied 12 months ago.
But it wasnt dispatched within 14 days?