Notice of Intended Prosecution
Discussion
Hello all,
I have a received a fixed penalty notice and I recently heard that all such documents issued, have to be sent within 14 days of the offence. The date on the Notice is exactly 1 month after the date of the offence.
Is the information I heard accurate and if so - where can I find supporting documentation.
Thanks
dd29
I have a received a fixed penalty notice and I recently heard that all such documents issued, have to be sent within 14 days of the offence. The date on the Notice is exactly 1 month after the date of the offence.
Is the information I heard accurate and if so - where can I find supporting documentation.
Thanks
dd29
As puggit has said, the 14 day rule only applies to the first NIP (not FPN) in the chain, the one to the registered keeper.
The law is the Road Traffic Offenders Act 1988, Section1.
1.—(1) Subject to section 2 of this Act, where a person is prosecuted for an offence to which this section applies, he is not to be convicted unless—
(c) within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was—
(ii) in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.
Unfortunately FPNs are not subject to the 14 day rule, and some scammers send them out when it's over the 14 days, or when someone has challenged the validity of an NIP due to the 14 days having been exceeded.
However, in this case, I understand the strategy to be that you decline the FPN (i.e. no thanks, I want my day in court). If the case gets to court, you cannot be convicted for the reason above; i.e. no NIP within 14 days.
There is a get out in section 2 of RTOA 1988 for the requirement for a NIP within 14 days for a FPN, however, that only applies when the FPN has been given at the time.
The law is the Road Traffic Offenders Act 1988, Section1.
1.—(1) Subject to section 2 of this Act, where a person is prosecuted for an offence to which this section applies, he is not to be convicted unless—
(c) within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was—
(ii) in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.
Unfortunately FPNs are not subject to the 14 day rule, and some scammers send them out when it's over the 14 days, or when someone has challenged the validity of an NIP due to the 14 days having been exceeded.
However, in this case, I understand the strategy to be that you decline the FPN (i.e. no thanks, I want my day in court). If the case gets to court, you cannot be convicted for the reason above; i.e. no NIP within 14 days.
There is a get out in section 2 of RTOA 1988 for the requirement for a NIP within 14 days for a FPN, however, that only applies when the FPN has been given at the time.
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