Time Wrong On NIP

Question:

I have received a notice of intended prosecution from Humberside Police. This was detected via a mobile speed camera, however Humberside police have sent a separate letter to me also stating that the time on the notice of intended prosecution was incorrect in that the clocks were set to GMT but not BMT.

Therefore the Notice of intended Prosecution does not reflect the time the incident took place. Can you please advise me where I stand – do I complete and return the form? Does this mean that their evidence is incorrect? Your advice would be much appreciated

Rob Says:

What was the date of the alleged offence.? What date did you receive the first NIP? What date did you receive the letter telling you that the first NIP was defective in relation to the timings?

The first NIP has to specify the time date and place of the alleged offence and it has to be sent to you within 14 days of the alleged offence. If the police sent out a correcting letter within that 14 day period I think you will struggle. If the police sent out a correcting letter outside of that period I think you have a good argument that the NIP is defective. A defective NIP is not a defence to failing to name the driver though – so you still have to complete this information and send it back. Tell me more

 



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