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Late Notice Of Intended Prosection - Patterson Law

Late Notice Of Intended Prosection

Question:

I’ve received a NIP for the following offence:

Excess speed – 70mph (dual carriageway)(automatic camera device/speed detection device) traveling at 84mph.

The date of the alleged offence is the 24/1/x and the date on the NIP I have received is 17/2/x.

Q1: Is this enforceable if it’s late?

I am supposed to complete the form and send it back but that would mean I would lose my evidence of their NIP being invalid if I were to.

Q2. What should I do next…?

Rob Says:

Keep a copy of the NIP.

Are you the registered keeper of the car? Have you moved recently or only just bought the car? The police have to send the NIP so that it is served (delivered) within 14 days of the alleged offence.

There are exceptions to this rule if the police have trouble tracking you down and the rule only applies to getting the NIP to the registered keeper and not any one else. If its a lease car the NIP will have gone to the lease car company.

Come back to me if you still think you have an argument.

Have you got any points already? If so, how many?

Question Reply:

Many Thanks for the swift response.

Re keep a copy of the NIP: Will do.

Yes I am the registered keeper of the car; I sent off the doc to register the car to me when I bought and first taxed it 6 months ago.

No I have not moved house recently – I’ve been at the same address for the last 3 years or so.

I have got points at present – three. They were for speeding. I’ve had points previously for exceeding the speed limit but they’ve expired now. I also had a 6 month ban in x or an SP70. I appreciate I appear to be a recidivist but 84 in a 70 hardly makes me a speed demon.

On the basis of the above I am of the view that I still have an argument re. late NIP, but would be interested in your professional opinion.

I’ll name the driver and send the NIP back to Sussex Police and will take and keep a copy before doing so. Would it be of any benefit to you for me to send you a PDF copy of the NIP?

Rob Responds:

Yes, please send me a copy of the NIP.

You might be worth calling the DVLA and asking them when they updated their database with you as the registered keeper of the car – I suspect that’s what’s caused the delay and that the police sent an initial NIP within 14 days to the old keeper.

You can ask the police whether or not an initial NIP was sent to someone else. If the old keeper was down as the keeper on the database then the police will have a get out clause. They will just blame the DVLA.

Keep me informed of your investigations and I will be happy to help further if necessary.

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