Don’t “Reject” The NIP

Question:

We have just read an article on a www.motorlawyers.co.uk web site suggesting that if a Notice Of Intended Prosecution arrives more than 14 days after the date of the alleged offence you can “Reject It”.

Dominic says:

Firstly www.motorlawyers.co.uk is not a law firm regulated by the Solicitors Regulatory Authority.

Secondly the advice is appalling and wrong.

A notice of intended prosecution is normally combined with a request to name the driver.

If you don’t name the driver you get 6 points and around a £700 fine for failing to name.

Arguing that the NIP is defective is not a defence to failing to name the driver.

There is no need for an effective NIP for you to be charged and convicted of failing to name.

The correct approach is to name the driver and then ask for a court hearing to challenge the NIP in relation to the speeding matter. You cannot reject a NIP. It’s only the court ultimately that can decide whether the NIP was defective. You make an argument in front of the court under s.1 RTOA.

If the magistrates agree that the NIP did not comply with the service rules they will find you not guilty of the speeding matter.

Alternative call us Patterson Law (a regulated law firm) for a correct assessment of the law and how it applies to your case.



About Dominic Smith

With a comprehensive knowledge of Uk motoring law, Dominic is an invaluable member of the Patterson Law team his specialist areas include; - drink-driving - failing to name driver - failing to stop - failing to report - special reasons arguments
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