NIP within 14 day rule

[e21Mark]

I've been told that any Notice of Intended Prosecution must arrive within 14 days of the speeding offence. Is this correct?

I've just got an NIP for doing 49 in a 3 mile section of roadworks on the A30, where there is an average limit of 40 mph. The offence was on June 19th and the NIP was issued on July 20th.

[iDrive]

Is the vehicle you were driving registered to you at your current address?

[e21Mark]

Yes

[davepoth]

And it's definitely not a company vehicle, or leased or something? Have you moved house recently?

[e21Mark]

No, it's my M3 that I've owned over 2 years.

[Boosted LS1]

You can rebut it. If service was out of time then imo the prosecution for speeding shouldn't proceed. I think you should complete the s172 which names the driver though. This is a different matter and failure to complete that carries a heavy penalty.

Before completing the s172 write to the 'partnerst' and point out the error of their ways. They may drop the matter rather then risk losing at court. That said, as far as I know the magistrates are members of the partnership so may not be as impartial as you'd like. If you lost at Ct then expect a shafting.

Look for Section 1 road traffic offenders act, (3).

Edited by Boosted LS1 on Thursday 21st July 23:20

[agtlaw]

e21Mark said:

I've been told that any Notice of Intended Prosecution must arrive within 14 days of the speeding offence. Is this correct?

I've just got an NIP for doing 49 in a 3 mile section of roadworks on the A30, where there is an average limit of 40 mph. The offence was on June 19th and the NIP was issued on July 20th.

There are exceptions to the 14 day rule. The main one is being stopped and warned at the time - in which case there is no requirement to give a written notice of intended prosecution. Other exceptions are outlined in s. 2 RTOA 1988.
http://www.legislation.gov.uk/ukpga/1988/53/sectio...

It might be that the NIP received is not the first Notice sent. Requires investigation.

[Boosted LS1]

^ I had a NIP arrive 31 days after the offence. I'm the RK but it went to a nearby address and the owner brought it to me. I completed the s172 but am trying to rebut the speeding aspect of the NIP. I have a witness statement plus historical evidence from the PO that on at least 3 occasions they've misdelivered mail. I've even photographed the envelopes. Is this a 'runner' or doomed to fail because the magistrates will convict just because I was the driver?

ETA: If you don't mind my asking.

[EU_Foreigner]

Boosted LS1 said:

^ I had a NIP arrive 31 days after the offence. I'm the RK but it went to a nearby address and the owner brought it to me. I completed the s172 but am trying to rebut the speeding aspect of the NIP. I have a witness statement plus historical evidence from the PO that on at least 3 occasions they've misdelivered mail. I've even photographed the envelopes. Is this a 'runner' or doomed to fail because the magistrates will convict just because I was the driver?

ETA: If you don't mind my asking.

Was the address wrong or just delivered wrong?

[Boosted LS1]

EU_Foreigner said:

Was the address wrong or just delivered wrong?

It was addressed correctly but went to the house next door, 23A instead of 23. The neighbour wasn't resident over the Christmas period and delivered it to me when they returned.

[s3fella]

OP, were you there on the day, or is this just a typo and it was July 19th offence date, issued the day after?

If it is a typo, you may struggle.

It is flipping quick postage, regardless!!

[helix402]

The NIP is deemed to be served within 14 days unless you can prove otherwise. To contest it you will need to attend court and plead Not Guilty.

[agtlaw]

Boosted LS1 said:

EU_Foreigner said:

Was the address wrong or just delivered wrong?

It was addressed correctly but went to the house next door, 23A instead of 23. The neighbour wasn't resident over the Christmas period and delivered it to me when they returned.

See Krishevsky v DPP (2014)

[Boosted LS1]

agtlaw said:

See Krishevsky v DPP (2014)

Oops, sorry. Just spotted your reply. Thanks. I'll take a look.

ETA. That was a very interesting read. I'm not sure where I stand though. I completed the s172 when perhaps I didn't need to. That said, I still feel the speeding prosecution shouldn't go ahead but I may have shot myself in the foot.

Edited by Boosted LS1 on Sunday 31st July 11:22

[e21Mark]

Seems I have the memory of a goldfish and had forgotten a V5 address change, so the upshot is that I'm stuffed. I'm hoping a speed awareness course may be offered though.