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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 80245
Experience:  Over 5 years in practice.
12826847
Type Your Traffic Law Question Here...
Jo C. is online now

My company have received a notice of intention to prosecute

This answer was rated:

my company have received a notice of intention to prosecute for a speeding offence committed on 4th May but did not receive it until 10th June and the date on the NIP is 26th May. Does this fall outside of the required 14 days?
JA: Because traffic laws vary from place to place, can you tell me where this is?
Customer: England
JA: Do you need to appear in court?
Customer: No
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No

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 they the registered keeper or is it leased?

Customer: replied 8 days ago.
I am just on the phone to the person that deals with it. It is leased but she thinks that we are the registered keeper and that we have the logbook. I have asked her to double check and dig out any paperwork

Ok, let me know.

Customer: replied 8 days ago.
Can we work on the basis that the company are the registered keepers but obviously not the owners?I know that if toyota is still the registered keeper then they will have sent the NIP to them first.

Thank you for the information.

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.

Can I clarify anything for you?

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Jo

Customer: replied 8 days ago.
Brilliant answer it's pretty much as expected was just wanting to clarify. As it stands I have drafted a letter rejecting the NIP but am aware that we will have to fill in the driver details which I have till the 22nd to do. Would you advise sending the letter awaiting a reply and then filling in the section 172?

No, you need to fill out the S172.

You can send them a letter or not really. Either way they are out of time.

Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 8 days ago.
Excellent. Here's hoping we definitely are the registered keepers (I'm sure we get tax reminders & so on) or I'll have a very long day doing a speed awareness course!