old question but help required!

[shnozz]

Please remind me how long the police have to notify you of intention to prosecute for speeding? They have 6 months to issue the proceedings, but is there any time limit in which they must send you the NIP?

if they fail to comply, are there any caveats that mean that they can continue with the prosecution?

>>> Edited by shnozz on Friday 31st December 14:27

[fish]

14 days allowing next day for first class delivery from date of offense I think

[shnozz]

cheers james - are there any caveats at all for that 14 days?

[shnozz]

change of car/DVLA details etc?

[shnozz]

ie - what if the car has been re-registered around the same time as the offence so potentially the NIP went to the incorrect address and then first notification was received some time afterwards at the correct address? can the police argue that it should stand?

[Dwight VanDriver]

If the SCP were fed wrong details of the owner due to admin at DVLA through change of ownership just prior to the offence not being recorded, then Section 2 (3) RT Offenders Act, 1988, caters for this by stating that failing to comply with the requirement of sending a NOIP out in 14 days is not a bar to a conviction where the Court is satisfied that neither the name of the accused or Registered Kkeeper, if any, could with reasonable diligence have been ascertained for a notice to be served or sent in compliance with the 14 day rule.

Remember that under the Act the service of NOIP "shall in every case be deemed to have been complied with UNLESS AND UNTIL the contrary is proved." This is for you to do at Court.

Prosecution will state that NOIP served on details supplied by DVLA as registered keeper following their request for details (due diligence) and sent off in 14 days to the name supplied (old owner). You then have to prove they didn't.

DVD

[nonegreen]

shnozz said:

ie - what if the car has been re-registered around the same time as the offence so potentially the NIP went to the incorrect address and then first notification was received some time afterwards at the correct address? can the police argue that it should stand?

Have u been done and if so do u want an angle to get off? If so post theoretical details then we can all take the piss. I mean make constructive suggestions.

[parrot of doom]

They have 14 days in which to send the NIP to the registered keeper of the vehicle. That basically means that even if they send it first class and it doesn't arrive, you're still in trouble.

[shnozz]

nonegreen said:

shnozz said: ie - what if the car has been re-registered around the same time as the offence so potentially the NIP went to the incorrect address and then first notification was received some time afterwards at the correct address? can the police argue that it should stand? Have u been done and if so do u want an angle to get off? If so post theoretical details then we can all take the piss. I mean make constructive suggestions.

mind your own business

no, 'tis not me. I am an

The situation was that the driver of the car moved address. They were then flashed by a scamera and the next day sent the V5 to the DVLA to re-register the address. The V5 came back within a fortnight but its taken 3 months for the NIP to come through the post....

This happened the day of the last Virginia Waters PH meet...