How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70702
Experience:  Over 5 years in practice.
12826847
Type Your Traffic Law Question Here...
Jo C. is online now

I have received a notice of intended prosecution dated

Customer Question

I have received a notice of intended prosecution dated 03/11/17 for an alleged of doing 35 in a 30 limit on 05/10/17. This is 29 days, not within 14 days. Can this be legally contested and is there a 100% chance of success.
Submitted: 1 month ago.
Category: Traffic Law
Expert:  Jo C. replied 1 month ago.

Hi - and when did you receive this NIP please?

Customer: replied 1 month ago.
I received it on Friday 10th November.
Customer: replied 1 month ago.
I received it on Friday 10th November
Expert:  Jo C. replied 1 month ago.

were you stopped at the scene?

Customer: replied 1 month ago.
No. It was an 'Automatic Camera Device'
Expert:  Jo C. replied 1 month ago.

Ok. Are you the registered keeper?

Customer: replied 1 month ago.
I am the registered keeper. Also the sole driver. The Vehicle is registered under my company name and arrived at my premises.
This is a notice of intended prosecution with a statutory request for the name and address of the driver.
Expert:  Jo C. replied 1 month ago.

Does it say reminder on there anywhere?

Customer: replied 1 month ago.
No. This is a vehicle on contract hire from a leasing company.
Expert:  Jo C. replied 1 month ago.

Has there been any reason for the delay?

Like a recent transfer to your company?

Customer: replied 1 month ago.
No. I have had my premises for over 3 years and I have just completed 3 years of the 5 year contract hire agreement.
Expert:  Jo C. replied 1 month ago.

Then if that is right they are time barred.

If you are the registered keeper and you were not stopped at scene then the NIP and S172 should have been sent within 14 days.

If they have not done so then they would not be able to bring a speeding prosecution although they may try.

You do need to respond naming the driver though. If you don't they will just charge you with failing to identify which does not rest on the 14 day notification. That is probably what they are hoping you will do.

Nothing is ever 100% guaranteed. You should win on these facts but that doesn't mean you wouldn't be prosecuted.

Can I clarify anything for you?

Jo

Customer: replied 1 month ago.
How should I respond when the prosecution notice comes through. Not guilty, or other? Will they then take it to court?
Expert:  Jo C. replied 1 month ago.

Do you mean the summons?

You have had the notice already.

Customer: replied 1 month ago.
Sorry. Had an engagement last night. Yes, the summons.
Expert:  Jo C. replied 1 month ago.

They will probably make an offer of a fixed penalty.

Then you have to decide how much risk you want to take. If you are happy to risk being prosecuted then refuse the fixed penalty and invite them to summons.