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Alice H
Alice H, Solicitor/Partner
Category: Traffic Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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on the 13 th may 2014 my son received a notice of intended

Resolved Question:

on the 13 th may 2014 my son received a notice of intended prosecution for an offence on the 8th march 2014 he returned it and has received his fixed penalty. I have heard about the 14 day rule can he do anything now. He owns the vehicle.
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Alice H replied 3 years ago.

Alex Hughes :

My name isXXXXX and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.

Customer:

ok

Alex Hughes :

14-days is correct. But the time limit starts when the police get the drivers details from DVLA. But the botXXXXX XXXXXne is that your son has accepted the penalty and there is no appeal mechanism to investigate whether he did the right thing or not. Once the penalty is accepted that's the end of the matter.

Customer: replied 3 years ago.

he has received his fixed penalty but not paid or accepted it yet.

Expert:  Alice H replied 3 years ago.
OK I misunderstood. I assumed her had accepted.

The options available to your son are:

1. Accept the points and penalty. This will save time and money;

2. Write back to the Police to say the NIP is out of time so he is not accepting the penalty. This may result in the police dropping the matter or explaining why there has been a delay. Once your son your son has the reasons he can then decide whether to accept the penalty or not;

3. Do nothing. If he does nothing thr police may prosecute in which case your son can see from the evidence whether the NIP was served properly and/or whether he has a defence. But leaving things to court proceedings increases the amount of time and money involved.

In my view since he should opt for option 2 and see what happens.

Alex
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