Can I be prosecuted? Speeding NIP

V19

Hello everyone and thank you in advance for viewing and/or helping me on this.

I am the registered keeper of a lease car, which I have had since September 2020, I live at the same address DVLA has on file for the past 30 years.

Earlier this year the following happened, which I have detailed below.

2nd June 2021 - 60mph in a 50mph on Motorway - Warwickshire Police.

Late June 2021 - I received a letter stating I had been over the speed limit and was offered the National Speed Awareness Course.

6th August 2021 - I successfully attended and completed the course offered by TTC.

7th August 2021 - I received an email from DORS stating that no further action was required and I have completed the course.

The above I believe is now all complete and history

Which brings me to my current situation.

10th September 2021 - I received a letter dated 8th September 2021

The letter stated the following:

29th July 2021 - 48mph in a 40mph zone caught on Local Traffic Order - Manned Equipment - West Midlands Police.

8th September 2021 - Date stated on letter

10th September 2021 - Date I received the letter in the post.

Number of days between incident (29th July 2021) to date stated on the letter (8th September 2021) - 41 days (=1 month and days / 5 weeks and 6 days).

Can you please confirm where I stand on this?

I can confirm I have been rehabilitated in terms of speeding as I have put my action plan into use and use my speed limiting option within my car every time I drive to ensure I don’t go over the limit.

The Government website states that if you are caught speeding “Within 14 days… you’ll be sent a NIP or Section 172 Notice”

Bedfordshire Police website states that “the initial Notice of Intended Prosecution must be posted to reach the Registered Keeper of the vehicle, by ordinary post within 14 days of the alleged offence.”

Ask The Police website states, “The NIP must be served on the driver or registered keeper within 14 days of the offence otherwise the offence cannot proceed at court… In either case, so long as it arrives at the relevant address within the time limit the notice is valid.”

 

On West Midlands Police website it states, “registered keepers of vehicles recorded speeding by cameras will be sent a notice of intended prosecution and asked to identify the driver within 14 days. Failing to respond is an offence.”

I have also spoken on live chat to West Midlands Police this morning (13th September 2021) and asked the same questions above and stated that the Government website, other police sites and WM Police site states 14 days and asked them to confirm that I was supposed to received it within 14 days - they responded saying “Yes that is correct if the website states that.”

I have screenshot and email transcript evidence of this.

As you can imagine, this offence would lead to a fine and 3 points on my license which obviously I would not like to have and I have completed the course recently so I do not have that option. As mentioned, I believe to have been rehabilitated and this notice is definitely out of the time period as stated by the law.
I understand that I first must respond to the NIP stating that I was the driver, but I was wondering what would happen next, are the able to prosecute considering the number of days passed since the offence?

95Rollers

Wrong forum - this forum is about Parking Charge Notices on private land.

D_P_Dance

You have posted on the wrong forum.  Go to peppipoo, we deal l with private parking matters.

Umkomaas

As we major on private parking tickets here, PePiPoo will be your best bet for police tickets. Register there but please note that a hotmail address won't work - try using a throwaway gmail account instead if you do have trouble registering 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 from the police (both sides, if appropriate) as they need to see all the small print.

Coupon-mad

To be clear, it’s unfair to tell people they are posting on the ‘wrong forum’ which they aren’t.

It is merely that we are so busy with private parking charges and court cases that we as a group of regulars, choose to signpost people with NIPs and Council PCNs to pepipoo forum as they are all over those rules, and we are rusty!

Ref44

OP as it is a lease car and assuming the V5 names the lease coy, then the first notice goes to them. If that was delivered within 14 days, then it is valid. You would need to check with them and see when they received the notice and when they responded to the police putting you in the frame.

Johnersh

@Ref44 is correct. If the lease company didn't receive it within 14 days, there may still be a defence. Indeed, it is the very defence that David Beckham ran.  He was helped in that Bentley date stamped all incoming correspondence. 

V19

Ref44 said:

OP as it is a lease car and assuming the V5 names the lease coy, then the first notice goes to them. If that was delivered within 14 days, then it is valid. You would need to check with them and see when they received the notice and when they responded to the police putting you in the frame.

Hi,

As mentioned, I am the registered owner

My first offence letter (from a different police force) came straight to me

V19

Sorry, registered keeper

Coupon-mad

You need Pepipoo expert help.  No Hotmail emails allowed there, and read some threads and their Nip Wizard instructions.