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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 72114
Experience:  Over 5 years in practice.
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I have been issued with a Notice or intended prosecution for

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I have been issued with a Notice or intended prosecution for a speeding incident on the 27th July. The date on the letter sent to me is 28th September, over 2 months after the incident. Is there a 14 days time limit they are supposed to be following?
Assistant: Because traffic laws vary from place to place, can you tell me where this is?
Customer: Devon and Cornwall district
Assistant: Do you need to appear in court?
Customer: Not yet according to the letter
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Nothing I can think of

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Are you the registered keeper?

Customer: replied 1 month ago.
I am
Customer: replied 1 month ago.
Unable to call right now, would prefer to stay on here.

Ok.

Do the DVLA have the right address for you?

Customer: replied 1 month ago.
Address is correct and this is the first contact I have received from them.

Does it say reminder on there anywhere?

Were you stopped at the scene?

Customer: replied 1 month ago.
It doesn’t say Reminder at all, it looks to be the first letter. No stop was made at the time of incident. The NIP I have even says it was an Unmanned camera

Good news then. They are time barred.

The rules are contained in S1[1]c] Road Traffic Offenders Act 1988 which you’ll find here

http://www.legislation.gov.uk/ukpga/1988/53/section/1

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.

However, 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 1 month ago.
to clarify I still need to fill in the S172 and send that in? Is that not accepting the offence? How do I let them know that I don’t accept it due to the Time barring?

Yes, if you don't they will charge you with failing to identify.

All you are doing is naming the driver. You aren't accepting the offence of the time limits.

Customer: replied 1 month ago.
Perfect. Thank you very much for your help today.
Have a great day.

No problem and all the best.

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