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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69531
Experience:  Over 5 years in practice.
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Sir, I received a Notice of Intended Prosecution for a speeding

Customer Question

Sir,
I received a Notice of Intended Prosecution for a speeding offence in the post today, 3/5/14. The date of the offence was 8/4/14 and the letter is dated 2/5/14. Is there a 14 day limit by which the police must issue the Notice of Intended Prosecution? If so what should I now do?
Many thanks
Simon
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Are you the registered keeper please?
Customer: replied 2 years ago.

Yes

Expert:  Jo C. replied 2 years ago.
Do the DVLA have the right address for you?
Customer: replied 2 years ago.

Yes all information is correct.


The alleged offence is Exceeding 30 MPH (attended). I think I was photographed by a mobile camera

Expert:  Jo C. replied 2 years ago.
Does this NIP say reminder on it anywhere? usually in bold in the top right or left?
Customer: replied 2 years ago.

No

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.
Customer: replied 2 years ago.

Jo, the driver was my wife. So I should fill out the S172 with her details and leave it at that? Or should I write a note as well saying they are out of time?

Expert:  Jo C. replied 2 years ago.

I wouldn't comment on the fact they are out of time. The Crown can be very childish sometimes. If you send it to the wrong person that will just make them give this case special attention and you would be amazed how they can use their powers to harass.

Just comply with S172.

They are still out of time to rely on this NIP.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69531
Experience: Over 5 years in practice.
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 2 years ago.

Many thanks -

Expert:  Jo C. replied 2 years 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 2 years ago.

Jo,


Your first question was whether I am the registered keeper of the vehicle. The car is on a lease therefore technically I am not. Does this mean that the police have more than 14 days to contact me?


Simon

Expert:  Jo C. replied 2 years ago.
Yes, it does.

The rules require them to send out a NIP to the registered keeper within 14 days. When it reaches the actual driver is a non issue as long as they lay an information within 6 months.

Sorry if thats bad news
Customer: replied 2 years ago.

OK thanks


I assume this will go to the magistrates court as my wife will have 12 points on her licence. Do you have any advice to help mitigate a ban?

Expert:  Jo C. replied 2 years ago.
It will unfortunately.

She will be liable to a ban as a totter.

the only way to avoid a ban is to argue exceptional hardship and obviously that depends on your situation. You have to show that not being able to drive would have a really disastrous impact upon your life or upon others.
Customer: replied 2 years ago.

OK thanks

Expert:  Jo C. replied 2 years ago.
No problem.

All the best.

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