Notice of Intented Prosecution

RikG92

So just got home from work and received this letter "Notice of Intended Prosecution, Request for Information to Identify Driver of Vehicle".

"Take proceedings against the driver of a Vauxhall motore vehicle with a registration number 'MY REG' for the alleged offence of speeding - exceed 30 mph on restricted road - manned equipment."

"The vehicle was recorded at 36mph at 12:49 hours on the 8/11/2014".

I am aware that I need to provide details within 28 days of receiving this letter which was today.

Can anyone give me any advice etc?

Thanks

Johno100

8/11/2014? What date is the NIP dated?

And is the vehicle registered at your address?

forgotmyname

Is the car registered to you at your address?

RikG92

The NIP is dated 13/01/15 and yes the car registered to my address.

ed67812

Did the NOIP arrive today for a speeding offence in November 14? That's heavily delayed.

Has there been any issue in them serving it? - i.e. was the keeper address upto date with DVLA at the time of the offence?

There is a 14 day requirement for an NOIP for speeding and some other offences (except after an RTC / driver being spoken to at the time).

The requirement under s172 RTA is a seperate thing. People often confuse the NOIP and s172 requirement as being one and the same. They are not - they just often get combined on one notice. S172 requirements can be made for offences that do not require an NOIP.

As I understand it, the requirement under s172 is still valid. Failing to provide details is an offence and given that the speeding prosecution must fail as the NOIP was out of date, then there is no benefit of not providing details.

I am not a lawyer and the above is only my understanding from experience. Others may provide different advice.

RikG92

I changed my V5 certificate address to my current address around the 01/11/2014, not sure if that is why it's been delayed?

What should I do? I'm wanting to actually go into the police station rather than send the letter back to them.

Fight_the_good_fight

You would be best posting on the Pepipoo site who have a whole section for NIP's etc

ed67812

In all honesty, most police officers won't know and direct you to whoever it says to contact on the letter (real police officers do not have any involvement with speed enforcement camera vans).......The DVLA are not particularly fast in updating records and the likely scenario is that the NOIP has been sent to the keepers address showing on the 8th Nov 14. By the time this has not been responded to and possibly chaser letters are sent, in the meantime the DVLA have updated the system, and eventually the NOIP has come to you.

I'm guessing this will all come down to timings and depend if the 1/11/14 was when you moved or just some date when you remembered to update the DVLA (there are also offences of failing to amend the keepers address).

I can't really offer any advice here as it is probably one for specialists / lawyers.

HO87

The Notice you have almost certainly fulfils two roles. Firstly to give you formal notice that facts that disclose an offence are being examined and secondly to make a requirement that you disclose details of the driver at the time of that alleged offence.

The fact that you have only now received the notice MAY have a bearing in court (where a notice has not been given at the time or in writing within 14 days that would normally be a bar to conviction) but it in no way invalidates the remainder of the document and the requirement for you to provide the details required. There is no time limit within which the s.172 requirement is served - save for the fact that proceedings for many of the offences for which it would be served must be commenced (in normal circumstances) within 6 calendar months.

The speeding offence (assuming that this was outside Scotland) is likely to attract a speed awareness course but ignoring or failing to respond fully to the requirement (what is known as "failing to furnish") is now viewed seriously by the courts and carries a hefty fine (fines of £300-500 are the norm) and a mandatory 6 points. Aside from this the MS90 endorsement code is particularly disliked by insurers as it is viewed as an indication of dishonest conduct. Policies have occasionally been revoked and refusals to renew are by no means unknown either. Increased premiums are very much the order of the day.

At this stage I suggest that you respond to the requirement for details (the s.172 requirement) - making sure that you sign it - within the 28 days permitted. You can deal with the NIP later.

The_Deep

If you are offered a speed awareness course it is worth considering it, it costs a bit, but is better than points i.m.o.

HO87

The_Deep wrote: »

If you are offered a speed awareness course it is worth considering it, it costs a bit, but is better than points i.m.o.

Very true. You won't be offered a course until you respond to the s.172 requirement.