NIP Speeding Ticket Advice

sarah_mclaughlin89

Hi,

I was driving a car belonging to a family member on the 29th January 2017 and was caught by a mobile speed van doing 36mph in a 30mph zone.

Yesterday (25th April 2017 - almost 3 months after caught), he received a NIP in the post which was dated 24th April 2017. Am I right in thinking i can contest this prosecution as it falls outside of the 14 days in which the Police have to write to the registered keeper? If so, how do I go about this?

Thanks

Umkomaas

As we tend to major on private parking tickets here, PePiPoo will be your best bet for speeding tickets. Register there (but please note that a hotmail address won't work) and post a new thread; here's your link:

http://forums.pepipoo.com/index.php?act=SF&s=&f=5

Have a read through some of the other threads there before you post your own to get the hang of what information they need from you in your opening post - but as a minimum you will need to post redacted photos/scans of all correspondence you've received (both sides, if appropriate) as they need to see all the small print.

sarah_mclaughlin89

Thanks for that. I did try and register on this site but only have a hotmail address (was wondering why I didn't receive a confirmation email back from them).

Thanks

HO87

First things first. Regardless of whether the Notice of Intended Prosecution was served out of time or not that document will also contain a requirement that the OP identify who the driver was at the time of the alleged speeding. The validity of the requirement is not contingent upon the validity or otherwise of the NIP. This is a mistake that many make. Do not allow yourself to be caught out.

This requirement (made under the terms of s.172 Road Traffic Act 1988) means that within 28 days of receiving it they must reply providing the information requested. Failing to do so is not something to be thought of lightly as it is a specific offence (again regardless of whether or not he was responsible for the alleged speeding) and carries a hefty fine (£300-500 is not unusual) and a mandatory 6 points.

To makes matters worse insurers do not like this particular endorsement (MS90) as it is regarded being indicative of dishonesty. Some insurers may cancel existing policies whilst others may refuse cover. All insurers are likely to significantly load premiums. And all this for an alleged speed that is likely to carry a speed awareness course (assuming the alleged offence took place in England and Wales and the driver at the time has not previously undertaken such a course in the last 3 years). Even a FPN with 3 points is a better outcome than incurring a fail to furnish conviction.

As far as the NIP is concerned the law requires that it is served on the registered keeper (this is a paraphrase) within 14 days of the alleged offence. This means that if the OP was not the registered keeper at the time (perhaps the vehicle is a company car, lease hire or a Mobility vehicle, for example) and have been nominated by the registered keeper then the police are under no time constraints in terms of serving any secondary notice. By the same token if the vehicle was in the process of having its record updated then again the police are not constrained time-wise in terms of serving the notice - other than the normal 6-month statute of limitation.

The wording of the law, as far as the time limit for the service of the NIP is concerned, is that no prosecution may succeed unless the form is served within the specified period. That does not mean that no prosecution will ensue - just that it cannot succeed. Any argument about the validity of the NIP is one for another day - not for dealing with the requirement it contains.

My advice is to return the form attached to the NIP nominating yourself as the driver.

Hannahodee

Hi there can anyone help with any advice.
My partners dad was caught by a speed camera in wales on his motorbike in back lanes

The date of speeding offence was the 11.06.2017
But we've only just recieved the intention to prosecute today on the 29.06.2017
This is well over the 14 days
Where do we stand in appeal the decision because not come in time ??
Please

Quentin

You need to start your own thread


Though take this to pepipoo for best advice.