kel-lou Posted July 25, 2012 Author Share Posted July 25, 2012 Thank you everyone for your advice, Im going to request the photo & see where I can go from there The date on the NIP is 18 July & the alleged offence date is 15 May. but does the 18 July date just mean when it was issued to me or when it was originally issued? arrgghhh!! Link to comment Share on other sites More sharing options...
kel-lou Posted July 25, 2012 Author Share Posted July 25, 2012 Does this help at all: http://www.motorlawyers.co.uk/procedure/notice_of_intended_prosecution.htm What are the rules relating to a Notice of Intended Prosecution? For certain offences, the process can be started by serving a Notice of Intended Prosecution Pursuant to Section 1 of the Road Traffic Offenders Act. Typically, these offences are speeding, failing to comply with traffic signals etc. The obligation is upon the prosecution to have issued and despatched the Notice in order that it arrives with the registered keeper of the vehicle within 14 days of the offence. Service can be by first class post, by hand or in some circumstances, by recorded delivery. The method of delivery is at the discretion of the prosecution who only have to show that they have followed the correct procedure. The Notice must be signed (although this can be typed) on behalf of the Chief Constable, must be dated and contain sufficient information for the offence to be identified. What is the 14 day rule? The 14 day rule relates only to the period of time in which the Police/Process Unit must serve the original Notice. The Police do not have to prove that the Notice reached its intended recipient within 14 days, merely that in the normal course of events, it should have arrived. In many cases, the registered keeper will be a lease company not the actual driver with the result that even if the driver is unaware of the incident, service of the Notice is good if it was sent to arrive at the registered keeper's last known address within 14 days of the offence. The Notice of Intended Prosecution was issued out of time, what do I do now? If you are the registered keeper of the vehicle and the ISSUE date on the Notice of Intended Prosecution is more than 14 days after the offence, then you can reject it. This only applies if it is dated more than 14 days after the alleged offence. It does not apply if it is dated within 14 days but received more than 14 days after the offence. If the NIP has been issued too late, then you should return it to the Process Office stating that you reject it because it is time barred. Bear in mind that if you are not the registered keeper, the NIP may have originally been issued within time and sent to the keeper. The registered keeper was contacted within 14 days, however it has been several months before I, the driver at the time of the alleged offence, was contacted. Do I still have a case to answer? The only obligation upon the Police is to issue the original Notice of Intended Prosecution within 14 days. Despite taking so long to contact you, the delay does not provide you with a technical get out. The Police have 6 months in which to prosecute. The NIP just says DATE (as in when they sent it to me) nothing about an issue date Link to comment Share on other sites More sharing options...
neeeeeeeeeek Posted July 25, 2012 Share Posted July 25, 2012 Does it not say on it the speed you were going, the location and the date? Link to comment Share on other sites More sharing options...
Lancs_Lad Posted July 25, 2012 Share Posted July 25, 2012 Ive just received a NIP informing me that i was clocked speeding. Thing is I was clocked 9 weeks ago. around the same time as I bought the car. The dates with the DVLA put the car in my name, but the mechanic I bought it off was still driving it as he took it for a MOT I honestly dont know who was driving at the time, my NIP says there is photographic evidence so i was going to ring them and ask if its male or female on the camera so we can establish whos to blame but theres no contact number! I dont want to fill the form in with my details in case it wasn't me driving!! Thers no contact number on the NIP..wot the hell should I do? Have a look at www.pepipoo.com loads of assistance on there regarding speeding tickets. Link to comment Share on other sites More sharing options...
kel-lou Posted July 25, 2012 Author Share Posted July 25, 2012 Does it not say on it the speed you were going, the location and the date? Yes it does. The main road between my house & his. like I say we were both driving the car a lot that week, I cant remember for certain who was on that specific day. Link to comment Share on other sites More sharing options...
alf1956 Posted July 25, 2012 Share Posted July 25, 2012 Does this help at all: http://www.motorlawyers.co.uk/procedure/notice_of_intended_prosecution.htm What are the rules relating to a Notice of Intended Prosecution? For certain offences, the process can be started by serving a Notice of Intended Prosecution Pursuant to Section 1 of the Road Traffic Offenders Act. Typically, these offences are speeding, failing to comply with traffic signals etc. The obligation is upon the prosecution to have issued and despatched the Notice in order that it arrives with the registered keeper of the vehicle within 14 days of the offence. Service can be by first class post, by hand or in some circumstances, by recorded delivery. The method of delivery is at the discretion of the prosecution who only have to show that they have followed the correct procedure. The Notice must be signed (although this can be typed) on behalf of the Chief Constable, must be dated and contain sufficient information for the offence to be identified. What is the 14 day rule? The 14 day rule relates only to the period of time in which the Police/Process Unit must serve the original Notice. The Police do not have to prove that the Notice reached its intended recipient within 14 days, merely that in the normal course of events, it should have arrived. In many cases, the registered keeper will be a lease company not the actual driver with the result that even if the driver is unaware of the incident, service of the Notice is good if it was sent to arrive at the registered keeper's last known address within 14 days of the offence. The Notice of Intended Prosecution was issued out of time, what do I do now? If you are the registered keeper of the vehicle and the ISSUE date on the Notice of Intended Prosecution is more than 14 days after the offence, then you can reject it. This only applies if it is dated more than 14 days after the alleged offence. It does not apply if it is dated within 14 days but received more than 14 days after the offence. If the NIP has been issued too late, then you should return it to the Process Office stating that you reject it because it is time barred. Bear in mind that if you are not the registered keeper, the NIP may have originally been issued within time and sent to the keeper. The registered keeper was contacted within 14 days, however it has been several months before I, the driver at the time of the alleged offence, was contacted. Do I still have a case to answer? The only obligation upon the Police is to issue the original Notice of Intended Prosecution within 14 days. Despite taking so long to contact you, the delay does not provide you with a technical get out. The Police have 6 months in which to prosecute. if the police have 6 months to prosecute what happens if they cannot get hold of the driver/owner&the driver/owner has not responded to any of the letters etc ? Link to comment Share on other sites More sharing options...
sophiec1979 Posted July 26, 2012 Share Posted July 26, 2012 The date on the NIP is 18 July & the alleged offence date is 15 May. but does the 18 July date just mean when it was issued to me or when it was originally issued? the 18th july will be the date which the NIP was created in your details therefore issued to you. Yes it does. The main road between my house & his. like I say we were both driving the car a lot that week, I cant remember for certain who was on that specific day. when you request the photo make sure you say this as to your reason for why you dont know who the driver was and your reason for requesting the photo. x Link to comment Share on other sites More sharing options...
redfox Posted July 26, 2012 Share Posted July 26, 2012 S.1 of the Road Traffic Offenders Act. They have 14 days from the date of the alleged offence to serve you with a notice. The notice must specify the nature of the offence, the time and the place where it is alleged to have occurred. It must be served - that means posted or hand delivered or orally explained - posted to your address if that was the last address they had is sufficient see S.1 (2) You have a duty to identify the driver s.172 of the Road Traffic Act. Although that section has been used by large companies to shield its often well paid employees from the odd speeder and red light offence over the years. If you really can't recall who it was driving the only method would be to see the photograph - if it's you then game over and obviously if it's not you it becomes someone else's problem. Link to comment Share on other sites More sharing options...
murgatt Posted July 26, 2012 Share Posted July 26, 2012 disappointing thread, I was hoping for a different kind of nip Link to comment Share on other sites More sharing options...
qazitory Posted July 26, 2012 Share Posted July 26, 2012 I would of thought if you can't prove who was driving, you would have to pay the fine as you are the legal owner and therefore responsible for the car? Link to comment Share on other sites More sharing options...
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