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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Speeding FPN et al. Is there a time limit within which the

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Speeding FPN et al.
Is there a time limit within which the police must issue a notice following a recorded speeding offence? I have hear that this must be done within 12 days. Can you direct me to the relevant clauses in the Road traffic Act that cover this issue?
Best
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.

Are you the registered keeper?

Customer: replied 11 months ago.
The driver at the time is not the registered keeper. I am waiting to hear from the reg keeper if she previously received a notice asking who the driver was, as the first we heard was a Notice of Intended prosecution addressed to the person who was the driver and we wonder how they knew of this name without being told by the reg keeper. The offence was dated Aug 20, the notice received 18 Oct requires the driver to be named, so it is at the start of the process. I will report on what notices the keeper may have received later today.Best,
Expert:  Jo C. replied 11 months ago.

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. When it reaches the actual driver is a non issue. Under S1[1A] the notice should actually arrive within 14 days.

However even if they are late, 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.

Can I clarify anything for you?

Jo

Customer: replied 11 months ago.
The 14 day notice to reg keeper is key and I await this. I agree that the 2 items received yesterday are S172 to be returned within 28 days and we will do so. In my limited experience the S172 creates an NIP that states the terms of engagement, but we have both at once. I will come back to you when I know what the reg keeper has received.Best,
Expert:  Jo C. replied 11 months ago.

Yes, it does but it doesn't matter when the driver receives it.

Customer: replied 11 months ago.
It appears that the original notice to the reg keeper was received on about Sep 29; the offence recorded on Aug 20. A S172 was included and returned by the driver who has now received an NIP in his name as well as a further S172 that will be returned in the time limit. What is the procedure to respond to the NIP by saying the original notice was received over a month after the recorded offence? I would appreciate your assistance in the wording.
Best
Expert:  Jo C. replied 11 months ago.

Did that notice refer to a reminder document?

Customer: replied 11 months ago.
The keeper is looking for the notice; but what sort of reminder doc do you mean?
Best,
Expert:  Jo C. replied 11 months ago.

Usually they send out two NIPs. The first and then a reminder NIP. If this was reminder then they may be saying the original was in time.

It will have reminder on it.

Customer: replied 11 months ago.
I will check and come back.
Best
Expert:  Jo C. replied 11 months ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

Customer: replied 11 months ago.
The keeper adamant that the notice responded to was the only one received - trying to find it. What is the form of response that would correctly question the 14 day rule; if there is one other than stating the facts?Best
Customer: replied 11 months ago.
For Jo CThe keeper adamant that the notice responded to was the only one received - trying to find it. What is the form of response that would correctly question the 14 day rule; if there is one other than stating the facts?
Expert:  Jo C. replied 11 months ago.

If that is the first and that was out of time then that would give you a challenge to prosecution.

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