Late Notice Of Intended Prosecution

Question:

Late notice of intended prosecution received more than 14 days after the alleged offence?

Read this before you reply …….

The police have to make sure that the Notice of intended prosecution is served within 14 days of the date of the alleged offence. The police are not very adaptable and tend to miss the deadline if there is adverse weather or postal strikes. They always tend to send the NIP by first class post.

If you point out the delay they will often respond by saying that the NIP was sent out with sufficient time for it to be delivered within the 14 days allowed. This is old law. There is a rebuttable presumption of service if it is sent with sufficient time for it to be deliver but you only have to cast a doubt that it was delivered within the days to win the argument.

There are exceptions to the rule if you have moved recently and not updated your address at the DVLA or if you have only just bought the car, so don’t be too quick to reach the conclusion that you have a defence.

If the police have no excuse for the late NIP you may have a defence to the speeding allegation and we can help you.

You still have to name the driver but you can then reject the ticket on the basis that the police have failed to comply with s.1 RTOA 1988.

Email us for expert advice on your case before doing this!

At this stage we might be able to persuade the police to take no further action.

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