Notice of Intended Prosecution - Scotland

Axel

I have just received a letter from Police Scotland regarding a speeding offence on 1st February. The letter is dated 21st February and I received it today 23rd February. I was apparent recorded on camera coming off the motorway and entering the 40 MPH section (although still dual carriageway) at 56 MPH. From what I have read an NIP must be issued within 14 days of the offence.

I am the registred keeper and the letter is sub headed REQUIREMENT TO IDENTITY THE DRIVER. It goes on to say "In accordance with Section 1 of the Road Traffic Offenders Act 1988 I herby give you notice that it is intended to institute proceedings, etc. etc." so this is cleary a NIP.

Any advice on how I should proceed other than to contact my solicitor.

DoaM

Might be best to take this to Pepipoo. Follow the forum posting guides, and don't try to register with a Hotmail address.

Have you moved house recently?
Is there any form of post mark on the envelope? (Albeit the date on the letter seems pretty damning).

The only get-out they have for the 14 day rule is if there's any specific reason why it couldn't arrive within 14 days, such as it's a lease car, recent change of address, this isn't the first NIP - it went to a registered keeper first etc.

Car_54

Be aware that the s172 request (to name the driver) is NOT subject to the 14-day rule. You must respond to that whether or not the NIP turns out to be valid.

Axel

DoaM wrote: »

Might be best to take this to Pepipoo. Follow the forum posting guides, and don't try to register with a Hotmail address.

Have you moved house recently?
Is there any form of post mark on the envelope? (Albeit the date on the letter seems pretty damning).

The only get-out they have for the 14 day rule is if there's any specific reason why it couldn't arrive within 14 days, such as it's a lease car, recent change of address, this isn't the first NIP - it went to a registered keeper first etc.

We have been in this house for 23 years. There is no postmark on the envelope. The car is on a three year contract hire with Landrover, which is about to expire, but I am the registered keeper so why would it go to Landrover? If it has would that invalidate the 14 day rule?

Warwick_Hunt

Axel wrote: »

We have been in this house for 23 years. There is no postmark on the envelope. The car is on a three year contract hire with Landrover, which is about to expire, but I am the registered keeper so why would it go to Landrover? If it has would that invalidate the 14 day rule?

Well in that case if you have the V5 in your name it rules out any prosecution.

Reply to their 172 request and point out to them the NIP was produced by them outside the 14 days.

waamo

Is the name and address on the V5 correct? Make sure there are no minor errors like a wrong letter on the postcode.

Warwick_Hunt

waamo wrote: »

Is the name and address on the V5 correct? Make sure there are no minor errors like a wrong letter on the postcode.

Makes no difference if they didn’t draft the NIP until the 14 days had passed.

Car_54

Warwick_Hunt wrote: »

Makes no difference if they didn’t draft the NIP until the 14 days had passed.

It does if they sent the first NIP to the address on the V5C.

waamo

Warwick_Hunt wrote: »

Makes no difference if they didn’t draft the NIP until the 14 days had passed.

As well as the point pointed out earlier it also makes him look at the thing. It's amazing how many people swear blind the V5 is correct then discover they don't have the V5 as a lease company is the registered keeper.

Manxman_in_exile

Axel wrote: »

We have been in this house for 23 years. There is no postmark on the envelope. The car is on a three year contract hire with Landrover, which is about to expire, but I am the registered keeper so why would it go to Landrover? If it has would that invalidate the 14 day rule?

I'm confused. You didn't mention a NIP going to Landrover in your OP. Do you think one did?


Also you say you've received a NIP from "Police Scotland", but you haven't said whether you live in Scotland. AIUI Scottish law is significantly different from the law in England and Wales and there are ways of "getting round" NIPs and s172 notices. If you live in Scotland the police may chase you, but if you live in England I'm not sure how far your local constabulary would follow it up - it wouldn't be worth their while.


Having said that - I'm no expert so don't rely on what I say. Best advice is from DoAM in post #2. Get on to Pepipoo. They do know what they're talking about - and it could save you some money!

TooManyPoints

To cover all the bases, you firstly need to be absolutely sure about the NIP as late NIPs are extremely rare these days. You need to ensure that the V5C is in your name and is entirely correct. If it is, you could contact the issuing authority and ask them if the NIP you received was the first one issued. If so you can point out to them that as the NIP was issued outside the 14 day limit, no prosecution for speeding is possible. They may or may not then discontinue the matter out of embarrassment.

Next, the S172 (request for driver's details) must still be complied with, regardless of the lateness or otherwise of the NIP. If you fail to respond in the time allowed (28 days) you will face a more serious charge of Failing to provide diver's details;. This carries a hefty fine, six points and insurance grief for up to five years.

Now, the really interesting bit. If you discover the NIP is legitimate, since this is an offence in Scotland, you could return your Section 172 request unsigned;. There is still a loophole in Scottish law which makes an unsigned S172 notice inadmissible as evidence of who was driving. (This loophole was closed in England and Wales more than ten years ago). You need to be robust because the police will almost certainly pay you a visit before the six month time limit for prosecution is up. If you do intend to use this strategy, visit Pepipoo.com and search for unsigned first.