HELP - notice of intended prosecution

moomoominx

Hi i was wondering if anyone could help us - we have had a notice of intended prosecution hand delivered tonight - husband was caught on his mobile ( i know i know - no telling him off!) he takes full responsibility etc - but our worry is what is the procedure now - we know we have 28 days to send it back with driver details etc - but what happens then? will it go to court -or do they usually then send out a fixed penalty of £60 and 3 points? I think he has now learned his lesson now - on another note any suggestions for a decent handsfree system to go in his van would be good .......................... many thanks

sebdangerfield

Are you sure it's a notice of intended prosecution and not a request for driver details?

I only ask as using a mobile device whilst driving doesn't require a NIP.

The offence itself is not a major offence and is usually dealt with by fixed penalty notice with an £60 fine and 3 penalty points. I say usually as without knowing the full details it's hard to comment and the matter can be taken to court if the officer wishes, usually if there are other factors or the driver already has so many points that another 3 would ban him (12).

daveyjp

NIP suggests a more serious offence was committed whilst he was on the phone. What is the actual charge?

Paradigm

Make sure it's returned within the 28 days naming the driver. You will then receive an offer of a fixed penalty of £60 + 3 points (assuming this 3 points doesn't take him to 12 points or more)
You can then accept the fixed penalty or choose not to, the latter will involve court & possibly a larger fine + more points.

moomoominx

Thanks for your replies - the top of the letter says - notice of intended prosecution- then my husbands name,address,vehicle details - reg number and then 'is alleged to have commited the offence of' then handwritten driver using mobile phone.
then the location and time - it then has another form to fill in regarding driver details - has to be returned to local poice station??

Paradigm

moomoominx wrote: »

it then has another form to fill in regarding driver details - has to be returned to local poice station??

The address for return will be on the form... fill in, sign & post (get proof of postage free at post office)

Failure to name the driver within 28 days will result in a hefty fine (£400 ish) & 6 points.

Don't send anything else at this point!

moomoominx

many thanks - ill get him to do it in the morning then send him off to halfords for a handsfree kit!- amazing how an impending fine and points can make him do something ive been telling him to do for yrs!!!

vax2002

Was he stopped and spoken to ?

Paradigm

vax2002 wrote: »

Was he stopped and spoken to ?

I'm guessing not!!!

we have had a notice of intended prosecution hand delivered tonight

Paradigm

moomoominx wrote: »

then send him off to halfords for a handsfree kit!- amazing how an impending fine and points can make him do something ive been telling him to do for yrs!!!

A bluetooth earpiece is plenty good enough, not expensive.... got mine for a tenner off ebay

wealdroam

Paradigm wrote: »

A bluetooth earpiece is plenty good enough, not expensive.... got mine for a tenner off ebay

Tesco does them too... starting at the same sort of price...

http://www.tesco.com/direct/technology-gaming/bluetooth-accessories/cat3373542.cat