Thanks, ***** ***** wanted to be 100% clear.
The requriement to serve the NOIP within 14 days of the offence is only when serving on the registered keeper. As the company is the registered keeper they are the ones who have to be sent the notice within 14 days.
Requirements: Road Traffic Offenders Act 1988 s.1
Section 1 of the Road Traffic Offenders Act 1988 requires that for certain offences:
- (a) the defendant must have been warned at the time of the possibility of prosecution for the offence; or
- (b) the defendant must have been served with the summons within 14 days of the offence; or
- (c) notice of the possibility of the prosecution must have been sent by the prosecutor within 14 days of the offence either to the driver or to the registered keeper of the vehicle (or in cases under s.28 or s.29 of the 1988 Act (dangerous or careless cycling) to the rider of the cycle).
I see you are suggesting that the notice was dated outside of the 14 days. They only have to post it within 14 days but if it is dated the 18th clearly they have sent it more than 14 days after the offence.
The Police have to write to the company with a 172 notice who have to reply nominating a driver etc. The Police then have to investigate and send out a new NOIP/172 notice to you.
You must reply to the 172 to confirm who was driving as otherwise that is an offence in itself.
On my reading of the legislation, technically the Police are in breach of s.1 and so cannot proceed with the prosecution.
It's up to you how you proceed but in order to defend the case you have to go to court. This means not taking the fixed penalty.
One thing to try first is to politely contact the Police and point out the error. They can tell you whether they will withdraw the prosecution.
If it goes to court and you lose you will have to pay a fine based on your income which is always in excess of the fixed penalty sum plus CPS costs plus a victim surcharge. Once you take the matter to court you cannot avail yourself of the fixed penalty.
Depending on the speed the court can also impose more than 3pp but 53 in a 40 would ordinarily only attract 3.
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