NIP Rules - Notice of Intended Prosecution
I have recently received a NIP from the Camera Processing Unit xl alleging that I exceeded the 70 mph speed limit
On x/2010 at x >> x the driver of motor vehicle x did exceed 70 mph speed limit on dual carriageway (manual detection) contrary to S89(1) RTRA 84 Sch 2 RTOA 88. The recorded speed was 83mph.
The car is not an SL - it is an S Class - a completely different car - two more doors for a start (however in mitigation mine is a long wheelbase version - which could account for the 'L')
The car is not registered to me and the registered keeper has already sent back a similar form naming me as the 'assigned'.
The NIP is not signed by any person or body. It is from the Camera Processing Unit crest on it.
Within the text of the note are the words: 'This notice is issued for and on behalf of the Chief Constable of the x' - however no managers name or any other details - in other words this NIP is not signed and it is not from a Police Authority.
Am I liable to prosecution under S 172 if I don't send it back as I am not the registered keeper and that person has already complied by sending my details?
If I ignore it - what might happen next? Will they go back to the registered keeper?
Is the wording of the NIP legal? It could have come from anyone.
Whilst x Police appear to offer 'safe speed' courses as an option to prosecution (and I am within ACPO guidelines at 83) the Safety camera Partnership element only offers these to people caught exceeding the 30 mph limit by up to 9 mph - which seems not only discriminatory (we are all equal under the law) but stupid as such offenders stand a much greater chance of killing or injuring someone than those of us on dual carriageways!
This is a pity as I was looking forward to attending one of these courses - can I negotiate with them??!
The points issue is not a big deal - my last were in 1993 - it's as always the principle - especially as the Conservatives said they'd raise the national limit to 80 if elected - I'd have been alright then !
Your advice and opinions welcomed.
They responded with a very intimidating letter telling me that the clocks had changed the day before and that they wouldn't respond to any further correspondence from me or my representatives and any letters would be filed for court.
Based on their response, I am now unable to request further proof or get the NIP back in order to pay it (not that I am inclined to). Could you tell me if I have a case please?
Your road traffic offence question: I have just received two NIP's both dated x/10/10 for offences on x july and x Aug. This seems a long delay! In the earlier one, I genuinely can't say whether my wife or I was driving, so how can I honestly answer part 1 or part 2 of the NIP.regards.
Your road traffic offence question: I have recieved notice that I was doing 40 in a 30 zone. It's a road I do use and am aware of occasional parked cameras so it is possibly correct. However the issue date of this notice is x/2010 and the offence is dated as x /2010 (3 months later). I have not moved recently and the car has been mine for 4 yrs(though on checking it is still registered at my old address) Should I just accept it and get the registration of the car sorted. Ihave one sp50 on my licence from x for another car i own which is registered at my current address.Does the 3 month delay nullify the nip and if not can I do a driving course.
Your road traffic offence question: Recorded speed of xmph at x hours on 22/9/2010. The notice of intended prosecution was sent to me on 7/10/2010 - is this classed as outside of the 14 days notice period and if so is there anything i can do?
Your road traffic offence question: Hi,
I have a court summons in 4 weeks time for speeding on a motorbike doing 49 in a 30 zone. It was a fixed camera.
They have sent through all the evidence (photographs etc) with the court summons info. But, they have attached the wrong NIP. The NIP they have attached does not belong to me, Which also begs the question, Where has my NIP with my personal information gone to?
Speaking to a police man friend this may be a lifeline so to speak as they have failed to provide the correct evidence?
Could you advise on this and how best to proceed.
Your road traffic offence question: I have just received a notice from the police to say I was caught doing 39mph in a 30 zone. I am very suprised by this, when I look at the area it is usually a very slow moving strip of road and I am unsure whether I was doing this. Can you tell me if I can contact them to get the evidence of this so i can pin point the exact location.
Your road traffic offence question: I have been sent a NIP. Date of Offence x. Issue Date of x this is clearly out of the 14 day rule. I am the owner and registered keeper and have been for almost 18 months with no registration plate changes etc... I contacted the Ticket office concerned and was advised the force had to contact the DVLA to acertain the owner information (why they had to do this I dont know I thought they had access to this information via PNC and secondly why did it take so long)and as a result the ticket is exempt from this condition. Where do I stand legally
Onx I received a Final Reminder. I telephoned and was told that two Notices of I P had been issued and the apology referred to the second Notice which I definitely never received. I wrote to x Police explaining this and they replied that they were continuing with the prosecution.
Must I accept this?
I have came home from offshore to find a reminder letter of NIP from Lothian & Borders Police Safety Camera Unit. The alleged Offence is for the x 2010. I have telephoned them to explain that I have just come home from a long trip away and this would explain no reply. I have not received an orginal NIP just a reminder and I informed them of this on the telephone, but the officer clearly stated that this was posted on the x, but not by recorded delivery. How can they guarantee we are to receive this if it is not signed for on arrival on location. I have read in the Road traffic offenders act that we must receive the NI within 14 days, In this case I have not only the reminder which is dated the x. I have written a letter to them asking for them to send the photograpic evidence they have to myslef so I can establish who is driving and if even this is my vehicle.
Can you give any more information and do you think I have a chance of getting out of this Speeding offence?
I have received a NIP then when I opened it, realised that I was not the intended recipient. It was addressed to Mr Edwerd, at my address. There is no Mr Edwerd living at our address.
I have returned it to x Police advising them of this. My name is Mr Edward.....
Names changed for confidentiality reasons..
i was not notified untill 11.05.10, i seem to rember hearing somwere that you must be notified within 14 days if so what do i do next.
> of the alleged offence. Failure to observe this obligation renders the
> Notice null and void?
I have had a letter dating 26th March for intended prosecution for 36 in a 30. The date of the offence is the 19th Feb. I have been told that they have to let you know within 14 days about the notice of prosecution.... is this correct? If so, where do I stand?
If you have a court hearing date call 01626 359800
Clarke v CPS 2013 EWHC 366 (Admin)
It's not easy to defend a speeding allegation and its becoming increasingly difficult with cases like this.
A new client came to us after being banned by the Magistrates for 6 months. He had accumulated 12 points within 3 years and the Magistrates court banned him for 6 months. The client tried to argue exceptional hardship on his own and the court rejected his argument.
Our client instructed us to represent him at court when he was charged with overloading a hired minibus. He had hired the minibus as he had his extended family visiting for a holiday. At the same time builders were refurbishing his house and asked him if he could help them collect some extra sand and cement. Our client agreed and they went with him to the DIY shop to collect the materials.