Notice of Intended Prosecution - help needed

dazrama3

I need some accurate solid advice.

I don't drive, but my partner does. He already has 6 points on his licience and today he recieved a Notiice of Intended Prosecution for driving 97 mph in a 70 mph area. The incident happened on 23rd March 2011 but he recieved the NIP today, 5th May 2011. The letter was dated yesterday, 4th May 2011.

I've been reading some articles that suggest that an NIP should be recieved within 14 days of the alleged offence. However, it's not that simple. It's a lease car. A company car.

I'm not clear on the rules - and tring to read and understand the Road Traffic Offenders Act is near impossible.

At this momenmt in time, we are not sure that the lease company were contacted. We will find out tomorrow.

As far I understand, my partner is the registered keeper.

Solid advice -or advice on how the solve the situation would be great. Thank you in advance.

Scooby_Doo.

Does your partner have a V5 log book in his name?

If not he isn't the keeper.

95 in a 70 is the cut off point for a ticket so he may just get 3 more points.

liana_y2kuk

Was he doing 97mph in a 70mph area. If so there is only one way to procede I think

withabix

Quote from a speeding website on this very subject below in bold.

I would expect that your husband will get 4-6 points and a fine of at upto 20% of his gross monthly salary as a rule of thumb:

Company and Rental Cars. If you were caught by a Gatso or other speed trap and were NOT stopped at the time then the authorities must still inform the registered owner, under the 14 day rule. If they do this then no time limit exists for them to track down who was driving the vehicle at the time of the incident. The law surrounding is contained in s1 and s2(3) Road Traffic Offenders Act 1988 ("RTOA") and the decided case of Haughton -v- Harrison. The statute at s1 RTOA provides that within 14 days of the date of the alleged offence an NIP (or a summons) must be served on the registered keeper of the vehicle. Note though that where a driver has been stopped and cautioned that he will be reported for an offence there is no need for a
written NIP to be served.
The above is clear but unfortunately that is not the end of the story!

s2(3) RTOA says that if the police failed to comply with s1 above that failure is not a bar to conviction provided that the police can show good reasons as to why they failed to serve the NIP in time. A good reason would be that neither the name or address of the accused nor the name and address of the Registered Keeper could be reasonably established.

You will have noted from above that the obligation on the police is to serve the NIP on the Registered Keeper within 14 days - not the driver. The case of Haughton -v- Harrison established that where the Registered Keeper is served within 14 days there is no time limit for serving the driver.

Therefore, the answer to your question is - if the Registered Keeper (the hire company or drivers company if a company car is involved) is served within 14 days of the offence there is no requirement on the police to then serve an NIP on the actual driver once his identity has been established.

withabix

Scooby_Doo. wrote: »

Does your partner have a V5 log book in his name?

If not he isn't the keeper.

95 in a 70 is the cut off point for a ticket so he may just get 3 more points.

95 is the unofficial cut-off for a fixed penalty.

This will be a magistrates court case and 4+ points IMO.


I got 4 points and a £300 fine for 96.4mph on a clean licence -the clerk said I must have been lucky with the magistrate as her guess was £1000 and 6 points, which was the 'standard' 95-99mph penalty for that court (Penrith).

peter_the_piper

Might be useful to post in pepipoo.com, speeding etc section, they are well versed in the ins and outs of this.

dazrama3

Scooby_Doo. wrote: »

Does your partner have a V5 log book in his name?

If not he isn't the keeper.

No V5, so I guess not then.

CaptainKidd

Just as a guide my brother got caught by a camera mounted on a bridge doing 97 in a 70, it went to court where he didnt have to attend if he didnt want too (he didnt) where he got a £400 fine and 4 points.

dazrama3

I hope to god that he gets no more than 4 points for it. 6 points would be devestating. I know it's his own fault but it has massive implications if he loses his licience.

Thanks everyone.

maninthestreet

dazrama3 wrote: »

I hope to god that he gets no more than 4 points for it. 6 points would be devestating. I know it's his own fault but it has massive implications if he loses his licience.

Thanks everyone.

Don't worry, there's some driver in Swindon with 39 points, and still not been banned.

LandyAndy

dazrama3 wrote: »

I hope to god that he gets no more than 4 points for it. 6 points would be devestating. I know it's his own fault but it has massive implications if he loses his licience.

Thanks everyone.

He won't necessarily lose it even with 12 points.