HELP - notice of intended prosecution

Wig

And what was the date of the offence on the NIP?

Sgt_Pepper_2

Wig wrote: »

And what was the date of the offence on the NIP?

Why should that matter?

rdwarr

Sgt_Pepper wrote: »

Why should that matter?

Stay tuned and you will find out :cool:

maninthestreet

So the NIP was not sent via Royal Mail? Were you in when the NIP was delivered? Did anyone knock on your door in order to deliver it?

Sgt_Pepper_2

maninthestreet wrote: »

So the NIP was not sent via Royal Mail? Were you in when the NIP was delivered? Did anyone knock on your door in order to deliver it?

Again, why should this matter?

Nearly_Old

Sgt_Pepper wrote: »

Again, why should this matter?

A NIP has to be served on the Registered Keeper within 14 days of the offence with the day after the offence being Day 1. Failure to do so renders the NIP invalid and no further action can be taken.

There is at least one legal precedent when Humberside lost a case on appeal. Fortunately the RK was at home when the post was delivered, recognised the envelop, asked the postman to wait whilst he opened it and got the postman to sign the envelop with the date and time. There is presumption that a NIP is served 48 hours after posting when posted with a 1st class stamp and the Humberside case effectively overturned the presumption.

Sgt_Pepper_2

Nearly_Old wrote: »

A NIP has to be served on the Registered Keeper within 14 days of the offence with the day after the offence being Day 1. Failure to do so renders the NIP invalid and no further action can be taken.

There is at least one legal precedent when Humberside lost a case on appeal. Fortunately the RK was at home when the post was delivered, recognised the envelop, asked the postman to wait whilst he opened it and got the postman to sign the envelop with the date and time. There is presumption that a NIP is served 48 hours after posting when posted with a 1st class stamp and the Humberside case effectively overturned the presumption.

There is no requirement for a nip.

sebdangerfield

Nearly_Old wrote: »

A NIP has to be served on the Registered Keeper within 14 days of the offence with the day after the offence being Day 1. Failure to do so renders the NIP invalid and no further action can be taken.

There is at least one legal precedent when Humberside lost a case on appeal. Fortunately the RK was at home when the post was delivered, recognised the envelop, asked the postman to wait whilst he opened it and got the postman to sign the envelop with the date and time. There is presumption that a NIP is served 48 hours after posting when posted with a 1st class stamp and the Humberside case effectively overturned the presumption.

Which is great.... If the offence requires an NIP!

As mentioned a few times on this thread already.

Nearly_Old

sebdangerfield wrote: »

Which is great.... If the offence requires an NIP!

As mentioned a few times on this thread already.

As posted by the OP "a NIP has been received" with no mention that the police were present at the time of the offence.

When the offence is observed by the police and they stop the offender then normally they will issue the FPN as they know the name of the driver. However when the offence has been recorded remotely; e.g. by video, speed camera, etc then the name of the driver is not known. Hence it is probably the reverse of the NIP (the S172) that is the important bit as the police need to establish the name of the driver. I suppose that they could have just asked the RK but they have a ready made form that can just be delivered. I am not aware, but am happy to be corrected, that there are different time limits for NIPs for different offences.

Lum

Mobile phone offences can be dealt with by NIPs these days, and some forces are even using cameras to do it. Speed camera vans are ultimately just a video camera hooked up to speed measuring equipment, and the more modern ones have a button for "hey, look! There's a plonker driving while using a handheld phone". This then goes back to the camera office and is processed in the same way as a speeding offence.

That said, OP, if your concern about your husband using a phone while driving is primarily driven by safety, as opposed to fear of prosecution, then do not encourage him to get a handsfree kit. There is plenty of research out there that demonstrates that the safety risks of using a mobile phone are caused by the conversation not the simple act of holding onto the phone, so basically fitting a handsfree kit will not make him a safer driver.

However, if you believe he is perfectly capable of handling both a conversation and driving (and plenty of people are) then go ahead and make him buy the handsfree kit.

In either case, if you are on the phone to him, and can hear driving noises in the background, refuse to speak to him unless it's really urgent, and even then keep the conversation as short, clear and concise as possible.