PSNI NIP 11 months after speeding offence.
Discussion
My sister got a call this morning from the PSNI about a speeding offence that occurred in December 2013. The car she normally uses was caught by a camera van at 42mph in a 30mph zone.
At the time my sister was living in Belfast but in Jan 2014 she moved closer to home in Co Tyrone. Change of address was notified to DVLNI in March 2014 when car was taxed for the year. PSNI have said they have been sending details to Belfast address and have only just been made aware of the new address.
Sis has requested evidence of speeding, officer asked who normally drives the car in question? And could she tell him who was driving it on day of offence? Obviously she gave non commital answers but is worried now that either she or her hubbie will get 3 points as a result of this phone call.
I've told her to tell the PSNI to go and jump- time period between offence and NIP exceeds 14 days and even if the PSNI have "only just been made aware" of the new address surely the almost 11 month period between alleged offence and making contact is surely beyond acceptable legal limits!
Am i correct from a legal point of view in thinking this?
At the time my sister was living in Belfast but in Jan 2014 she moved closer to home in Co Tyrone. Change of address was notified to DVLNI in March 2014 when car was taxed for the year. PSNI have said they have been sending details to Belfast address and have only just been made aware of the new address.
Sis has requested evidence of speeding, officer asked who normally drives the car in question? And could she tell him who was driving it on day of offence? Obviously she gave non commital answers but is worried now that either she or her hubbie will get 3 points as a result of this phone call.
I've told her to tell the PSNI to go and jump- time period between offence and NIP exceeds 14 days and even if the PSNI have "only just been made aware" of the new address surely the almost 11 month period between alleged offence and making contact is surely beyond acceptable legal limits!
Am i correct from a legal point of view in thinking this?
I suspect NI is the same as the rest of the UK.
No one can be prosecuted for the speeding offence as it is more than six months ago - however if a request is made for the identity of the driver then this MUST be supplied - failure to do so can result in the registered keeper getting six points and a large fine - even though the driver cannot be prosecuted.
It isn't unknown for a COFP penalty being sent outside the six months - these can be ignored.
For reassurance visit pepipoo.com
No one can be prosecuted for the speeding offence as it is more than six months ago - however if a request is made for the identity of the driver then this MUST be supplied - failure to do so can result in the registered keeper getting six points and a large fine - even though the driver cannot be prosecuted.
It isn't unknown for a COFP penalty being sent outside the six months - these can be ignored.
For reassurance visit pepipoo.com
If the NIP was sent to the address of the registered keeper - your sister - to arrive within the prescribed period after the date of the offence then its service is good.
The fact that your sister had moved from that address and failed to notify change of address does not invalidate it.
The fact that your sister had moved from that address and failed to notify change of address does not invalidate it.
paintman said:
If the NIP was sent to the address of the registered keeper - your sister - to arrive within the prescribed period after the date of the offence then its service is good.
The fact that your sister had moved from that address and failed to notify change of address does not invalidate it.
^^This^^The fact that your sister had moved from that address and failed to notify change of address does not invalidate it.
The dates suggest that there is no magic get out clause here.
Francy555 said:
speeding offence that occurred in December 2013.
in Jan 2014 she moved closer to home in Co Tyrone. Change of address was notified to DVLNI in March 2014 when car was taxed for the year. PSNI have said they have been sending details to Belfast address and have only just been made aware of the new address.
in Jan 2014 she moved closer to home in Co Tyrone. Change of address was notified to DVLNI in March 2014 when car was taxed for the year. PSNI have said they have been sending details to Belfast address and have only just been made aware of the new address.
I guess sis would need to find out when the PSNI first tried to contact her at her Belfast address, if thats within 14 days then she/her hubbie may have to take the points. But if longer than 14 days then she has nothing to worry about.
Also wondering why it took from March to November for the PSNI to make contact via phoning, even if her address had changed her mobile no hadn't!
Also wondering why it took from March to November for the PSNI to make contact via phoning, even if her address had changed her mobile no hadn't!
I have to say I think it is a bit out of order to proceed with the case of speeding. It is a minor regulatory offence and 11 months is too long to keep such an offence continuing.
The proper charge would be failure to notify change of address.
Further, if the person approached a brief then they would come up with any number of defences so whether the offence is proceeded with depends on whether the defendant has enough money.
The NIP asks for the name of the driver of a car some 11 months previously. The reply is obvious.
The proper charge would be failure to notify change of address.
Further, if the person approached a brief then they would come up with any number of defences so whether the offence is proceeded with depends on whether the defendant has enough money.
The NIP asks for the name of the driver of a car some 11 months previously. The reply is obvious.
PSNI rang again last night. They first tried to contact her at her Belfast address on 12th Feb, alleged offence took place on 30th Dec! The officer was trying to arrange a visit last night to talk her over it - (or serve the summons in person). She's told the officer that she has an appointment booked with her solicitor & any meeting would not be taking place until after she has talked to him. I still think they haven't a leg to stand on so hopefully the solicitor confirms this.
will keep you posted.
will keep you posted.
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