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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71055
Experience:  Over 5 years in practice
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Hi I had a speeding ticket(NIP) taken from a camera van. The

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I had a speeding ticket(NIP) taken from a camera van. The offence was on 23rd July, yet I wasn't informed until 12th September. I haven't returned the form yet. What shall I do? I have been told that if over 3 weeks pass before being issued with the ticket, they have no right to prosecute. Is this correct? Thanks
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you the registered keeper?
Customer: replied 3 years ago.

Yes I am

Does this S172 request say reminder on it anyway?
Were you stopped at the scene and spoken to by an officer?
Customer: replied 3 years ago.

I've just had a reminder, but the the original letter was 9th September.

No I was not stopped, the first I knew of it was the letter. I remember seeing the camera van though

Do the DVLA have the correct address for you and have they always had?
Customer: replied 3 years ago.

No, I bought the car 5 months ago and have only recently received my log book as the original was lost in the post when I bought it. I had to apply for a log book and pay £25 fee. So I'm guessing a ticket may have been sent to the original owner who I can not get hold of.

Ok That will be the issue then.
The rules are contained in S1[1]c] Road Traffic Offenders Act 1988 which you’ll find here
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.
The difficulty here is that they could argue either that they did send the NIP to the original owner or that they made reasonable efforts to trace you in time which would start their time afresh.
In any event, 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 3 years ago.

OK, so what you're saying is, send back the S172 and if they then try to prosecute, then I object due to the time element?

Yes, but be aware that they might argue that original NIP was in time.
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

One last question, I need to remember to sign the S172?

Yes, you need to fill it completely or they will just charge you with failing to identify.
Customer: replied 3 years ago.

Thanks, ***** ***** clarify matters.

No problem.
All the best.