Motoring offences are not always dealt with at the time of the offence. Often alleged road traffic offences are caught on camera. In these circumstances you will be notified by way of a Notice of Intended Prosecution (NIP) sent under section 172 of the Road Traffic Act 1988.
Notice of Intended Prosecution and the 14 Day Rule
A pre-requisite of prosecution is that the NIP arrives no more than 14 days after the date of the alleged offence. The 14 day rule only applies to the registered keeper. Technically, no one else (i.e. you, the driver) requires Notice of Intended Prosecution in writing. So, if you are not the registered keeper of the vehicle, you do not have an argument. The only obligation that rests on the Police is to serve it at the address of the registered keeper. As long as they send the notice to arrive within 14 days to the address they will satisfy their obligations. If the NIP is not served in that timeframe then you can argue that the Notice is defective and no prosecution can legitimately follow.
However, be warned, even if you have a legitimate defence in relation to the offence, or the NIP is served out of time, it does not entitle you to ignore the Notice of Intended Prosecution as it serves two purposes. Firstly, warning that someone may be prosecuted for a speeding offence and secondly, requesting driver information.
What happens if I ignore a Notice of Intended Prosecution?
If you do not deal with the request for driver information or reject the notice in its entirety, then you commit an offence of failing to provide driver information. This offence carries 6 points on your licence and a fine…even if you weren’t speeding and even if the NIP was served late.
What happens after you Confirm your details as the driver?
Once the driver has been ascertained, you will then have a decision to make. You can take the speed awareness course if offered or alternatively you can pay a fixed penalty fine and receive 3 penalty points on your Licence. If a conviction for the offence might result in you facing disqualification from driving you will receive a summons to Court. You will also have the option to take the matter to Court if you do not accept guilt. Should you take the case to Court and lose, you could receive a far greater fine, Court costs and increased penalty points. You may even risk disqualification, depending on your driving history and the speed you were driving.
Defending Motoring Cases throughout Cheshire and the North West
Arguing a Notice of Intended Prosecution is defective can involve both reference to the statutory provisions and Case Law. For the reasons outlined above, it is not a decision to be taken lightly. If you think you may have a legitimate argument then please contact one of our expert motoring lawyers. We will be happy to discuss fixed fee representation to defend your case. Poole Alcock has expert motoring solicitors based in offices across Cheshire, including Crewe, Alsager, Congleton, Sandbach, Nantwich and Wilmslow.
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We are happy to discuss your case with you over the telephone. Call us today on 01270 256665 or contact us using this form and we will call you back to discuss your case.
