Alleged using mobile phone & late NIP

kilby_007

I've been sent a Notice of Intended Prosecution for the alleged offence of driving whilst using a mobile telephone on 20/05/2013. It arrived today (04/06/2013) - I make that 15 days after the offence(?) Also, the letter is dated 03/06/2013 which is 14 days after the offence - am I right in thinking that the police must send the letter TO ARRIVE BY 14 days after the offence?

If it makes any difference, I don't think I was guilty of this offence. I occasionally check my phone when at traffic lights and this is all that I can think has happened.

On the FAQ form sent with the NIP it says "If your notice arrived after 14 days, it may be because the type of alleged offence involved is not one to which the requirement applies. Alternatively, you may have been named as the current driver / keeper / hirer of the vehicle or the Central Ticket Office may have applied a statutory exemption."

Is there anybody who has some expertise in this area and could give me some advice? Thanks

markeymark

If you think you aren't guilty then let them take you to court !

kilby_007

markeymark wrote: »

If you think you aren't guilty then let them take you to court !

That's the thing. If I can stop it even going to court then obviously that is the preferable option. I don't want the long drawn out hassle...

kilby_007

Also, if they have snapped a picture of me using my phone at a traffic light then that is probably enough evidence. But if they have failed to comply with their requirements in sending the notice out within 14 days, then I should be able to stop the process in it's tracks anyway. I have asked them to supply photographic evidence.

forzamwb

If you are the registered keeper of the vehicle and the ISSUE date on the Notice of Intended Prosecution is more than 14 days after the offence, then you can reject it. This only applies if it is dated more than 14 days after the alleged offence. It does not apply if it is dated within 14 days but received more than 14 days after the offence. If the NIP has been issued too late, then you should return it to the Process Office stating that you reject it because it is time barred.

daveyjp

"If it makes any difference, I don't think I was guilty of this offence. I occasionally check my phone when at traffic lights and this is all that I can think has happened."

In which case you have just admitted using the phone whilst driving, so you are probably better arguing the dates when notices were served.

kilby_007

Hmm. So what's the difference between pressing a button on my mobile phone and pressing a button on my radio? I never talk or text on my mobile and I certainly never do it when the vehicle is moving!

bigbulldog

Your pressing a button a car radio that's fixed to the car your phone is not, so Handling your mobile is seen as using it I'm afraid when in control of a motor car.

Johnmcl7

On the FAQ form sent with the NIP it says "If your notice arrived after 14 days, it may be because the type of alleged offence involved is not one to which the requirement applies.

Mobile phone offences don't require a NIP so the 14 days is irrelevant, it's confusing because most NIPs are combined with a S172 request so although you have what appears to be the same thing technically it is only a S172 request.

The offence for using a mobile phone is very vague which some interpret to meaning if you just pick up the phone and do nothing else the offence is complete whereas there's been high profile cases such as with Jimmy Carr where he got off because he was using the Iphone as a dictaphone not an interactive communication device. However the latter had an expensive lawyer and in most cases mobile phone offences are difficult to successfully defend.

John

Aretnap

forzamwb wrote: »

If you are the registered keeper of the vehicle and the ISSUE date on the Notice of Intended Prosecution is more than 14 days after the offence, then you can reject it. This only applies if it is dated more than 14 days after the alleged offence. It does not apply if it is dated within 14 days but received more than 14 days after the offence. If the NIP has been issued too late, then you should return it to the Process Office stating that you reject it because it is time barred.

That's so wrong it's painful. I don't think you've managed to get a single thing right.

(1) A NIP isn't required for a mobile phone offence in the first place, so the date of issue and service don;t matter very much

(2) When it is required it must be SERVED (ie received) within 14 days of the alleged offence. The date of issue is irrelevant, assuming the date of delivery can be proved. (Gidden v Chief Constable of Humberside)

(3) You can't "reject" a NIP - it's simply a letter informing you that you might be prosecuted so there's nothing to accept or reject. However if it was an offence which required a NIP, late service would be a bar to a successful prosecution.

(4) In any event you would have to comply with any S172 requirement to name the driver regardless of the date of service, as there is no time limit for an s172 requirement. Refusing to complete the form or sending it back with a note saying "I reject this" would line you up for 6 points and a large fine.

kilby_007

Thanks John. Yeah I was a bit confused even after reading up online but that clears it up. I think you're probably right that I could defend it in court if I had a good enough lawyer, but we're in the process of buying a house, getting married, and moving jobs, so looks like we'll have to take the hit. Do you think it will be £60/3points? It says on the bottom of the NIP "Driver may be eligible to attend a 'What's Driving Us' Scheme subject to meeting the necessary criteria". I already have 3 points and my insurance is due for renewal in a couple of weeks so could do without them!!