Notice of intended Prosecution.
Have you received a Notice of Intended Prosecution?
Most motoring matters, including speeding have to be started by a Notice of Intended Prosecution (NIP). This can happen in two ways, if you are stopped by a police officer you may be given a verbal Notice of Intended Prosecution, this can be as simple as the officer saying you will be reported for prosecution. If you are not stopped, for example if you go through a static speed camera, then you have to receive a NIP by post within 14 days. If you do not then you have a defence to the initial allegation such as speeding.
The court will normally assume that the NIP arrived within 14 times if posted in time, however you can present evidence to show that in actual fact it didn’t arrive within 14 days.
This only applies if you are the registered keeper, if it is a company car then the police have to get the NIP to the owner within 14 days, after that the time limit is complied with even if it takes weeks to reach you.
This is a complex area of law. There are a number of exceptions and we would advise you speak to us before taking any action.
You still have to respond to the NIP even if it is out of time otherwise you face an allegation of failing to disclose drivers details.
For free initial advice call us on 01623 397200