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Speeding ticket
Jm84
Posts: 3 Newbie
Hi,
I received a notice of intended prosecution through the post yesterday. The letter itself was dated sometime in October (the 6th i think) so I dutifully filled out the form and sent it back in the post yesterday. However, after sending it I realised they had put alleged offence as 13th September so it had been way more than 14 days since the offence. Can i still fight it even though I've filled out the form and returned it. I didn't take a copy of the original letter. Thanks in advance
I received a notice of intended prosecution through the post yesterday. The letter itself was dated sometime in October (the 6th i think) so I dutifully filled out the form and sent it back in the post yesterday. However, after sending it I realised they had put alleged offence as 13th September so it had been way more than 14 days since the offence. Can i still fight it even though I've filled out the form and returned it. I didn't take a copy of the original letter. Thanks in advance
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Comments
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Hi,
I received a notice of intended prosecution through the post yesterday. The letter itself was dated sometime in October (the 6th i think) so I dutifully filled out the form and sent it back in the post yesterday. However, after sending it I realised they had put alleged offence as 13th September so it had been way more than 14 days since the offence. Can i still fight it even though I've filled out the form and returned it. I didn't take a copy of the original letter. Thanks in advance
The form you filled in was the s172 notice, which legally obliges you to provide the name of the driver at the time of the alleged offence.
The NIP must be served on the registered keeper within 14 days of the offence, so if you are the RK, the NIP is out of time and they can't prosecute. However, if it is a company or leased car, or you have recently moved house and the DVLA took their time to update the RK details, the 14 day requirement will not apply to you, they have a 'reasonable time' to serve the notice.
Having sent the form back, you will probably receive a Conditional Offer of a Fixed Penalty. If you are the RK with the DVLA, and haven't moved recently, you have an absolute defence in that they failed to comply with Section 1(b) of the Road Traffic Offenders Act 1988, so are therefore unable to bring a prosecution. "The Defendant has no case to answer, Your Worship".
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.0 -
Pepipoo is the best place for proper fines issues
This forum majors on private parking invoices rather than speeding offences0
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