Defective Notice Of Intended Prosecution

Question:

I have received a Notice of Intended Prosecution for the above offence. It was actually my wife who was driving so I could just return the form with this information. However I have read that the police have 14 days to issue this notice. In this case the date of the offence is shown as 20/02/2010 and the date of the notice is shown as 09/03/2010. This is a period of 17 days. Is what I have read correct and if so what can I do about this?

Rob Says:

On the face of it the NIP is defective.

Are you the registered keeper of the car? Have you moved recently or only just bought the car?

There are exceptions to the 14 day rule.

If none of these apply then your wife may have a defence to the speeding matter on the basis that the NIP is defective. You still need to name the driver though. A defective NIP is not a defence to failing to name the driver – only to the original offence.

Come back to me if I can help further. Tell me if you still think the NIP is defective.



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