Registered: 28th Aug 99
User status: Offline
Thanks to Teddy for the following information.
The Notice of Intended Prosecution must be served on the driver or company within 14 days. This includes England, Scotland, Wales (and Northern Ireland?).
The following is a guide to the NIP.
What form must the notice take?
It can be :-
a) given verbally at the time of the offence, or
b) by a summons being served on the offender within 14 days of commission of the offence, or
c) a notice of intended prosecution, specifying the nature of the offence and the time and place where it is alleged to have been committed, must be served on the offender, or the registered keeper of the vehicle at the time of the offence, within 14 days of the offence.
These provisions are deemed to have been complied with unless or until the contrary has been proved (ie you will have to raise it).
If you have not been given the notice within 14 days (ignoring the day of the offence) then they cannot proceed against you unless an exception applies (see below).
Exceptions & Get Outs
a) No such notice is required if a full or provisional fixed penalty notice has been given or fixed under the Provisions of the Road Traffic Offenders Act 1988
b) A notice sent by post must be dispatched so that it would reach the driver within the 14 days within the ordinary course of the post. If this is the case then it will have been deemed to have been served even if it is delivered outside the 14 day period.
c) If there is an accident involving the vehicle in question, of which the driver is aware, then the police do not need to provide a Notice of Intended Prosecution.
d) Failure to comply is no bar where the police could not with reasonable diligence have ascertained the name and address of the accused in time for service of the summons or notice within the 14 day period, or the accused contributed to such failure. [These are our highlights - might apply for example if you drive a hire car, company car or you were not the registered keeper]
e) Service of a notice at the last known address of the accused will suffice for good service.
Do you need to respond to a Notice of Intended Prosecution?
Under European legislation and now our own Human Rights Act, the answer was thought to be "No". But this loophole now seems to have been closed by the courts.
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