Hello, I am a solicitor with 20 years experience. I will try to help you with this.
A notice of intended prosecution can be given:
while driving a 7.5tnn lorry in London I got stuck in heavy traffic I ran out of driving time I stupidly removed my digi card I was pulled a couple of weeks later by vosa this all took place in march I received the n I p end of September with a final court date of 18/11/2014 is this acceptable or can I use it as part of my defencr
Were you given a verbal warning of intent to prosecute by VOSA?
yes but told it would be with in two weeks
If they told you that they were intending to prosecute at the time of the offence then the late service of the written notice probably won't give you a defence. If they don't have a record of doing so it might. There is no reason why you can't raise the issue ( ie that the NIP was served late) and hope they are unable to counter it.
Are you sure that the document served on you in September was a NIP and not a court summons?
what he actually said was that a decision would be made and I would be notified with in the two weeks of that decision
OK in that case if you have just received a NIP then you may well be argue that it is out of time. However, the prosecution could argue that you were given notice at the time and it would then be question for the magistrates to decide. This is not straightforward but you do have an argument that could well succeed.
does the fact he read me my rights as part of the interview make a difference
what is the likely outcome fine penalty points or other
when I was pulled the guy from vosa interviewed me in my cab
Tell me what Act and Section the offence is under (it should be on the NIP or the court docs). I will get back to you later with the answer when I get back to my law books. Was that an interview under caution? (ie preceded by "you do not have to say anything etc etc")
section99ze1&4of transport act1968 yes it was under caution
I think if there was an interview under caution for a criminal offence then you will find it very hard to argue that you weren't given notice of a possible prosecution esp bearing in mind that the caution contains the words "if you fail to mention now something which you later rely on at court."
any idea of the penalty I could be facing
I will look this up in Wilkinsons when I get back this evening if that is OK with you.
yes fine thanks for your input