Speeding PCN contesting

TooManyPoints

Business received NIP within 14 days

That's that then. The first NIP is the only NIP that has a time limit and in fact is the only NIP required by law at all. What happens after that is of no consequence whatsoever. The only constraint after that is the overall time limit of six months (12 months in Scotland) to begin court action. Subsequent NIPs are provided as a courtesy (and a convenience for the police as they are produced by the same system that produced the s172 notices, usually printed on the same piece of paper).

You have no basis to challenge a prosecution because of the timeliness of doicuments served. 

DB1904

frugalfiz said:

OK, the registered keeper named the driver within 28 days
The driver never received their own S172 but received a reminder
Driver does not have an S172 to complete his details as it never arrived.
Speeding unit are aware S172 not received (advised them today by email) but they are so slow and have huge backlog, not expecting a response any time soon.  Have tried to contact them to discuss but phone constantly goes to answerphone and emails take them 3 weeks to respond!  We have made attempts to respond but can't do so without an S172

I suppose we just wait for S172 and presume they will not start prosecution as we have made every attempt to comply but if prosecuting they need to do so by 16 March 2022.  Highly unlikely I would think in the present situation of the courts

No doubt you'll be offered a fixed penalty notice or a course. If you fail to accept the ticket there's ever likelihood they will prosecute you. 

facade

frugalfiz said:

I suppose we just wait for S172 and presume they will not start prosecution as we have made every attempt to comply but if prosecuting they need to do so by 16 March 2022.  Highly unlikely I would think in the present situation of the courts

Only for the speeding.

The S172 offence, which will be the one they prosecute, started when the time ran out to respond, so there is another 6 weeks.

Your defence would be that you did not receive the S172 which is very hard to prove, and you could have simply written to them with your signed admission, as you have a reminder that will have the references on it.

If you could have been offered a course dragging your feet too much will result in one not being offered as it has to be completed (or not ) with enough time to raise a prosecution.

Car_54

frugalfiz said:

OK, the registered keeper named the driver within 28 days
The driver never received their own S172 but received a reminder
Driver does not have an S172 to complete his details as it never arrived.
Speeding unit are aware S172 not received (advised them today by email) but they are so slow and have huge backlog, not expecting a response any time soon.  Have tried to contact them to discuss but phone constantly goes to answerphone and emails take them 3 weeks to respond!  We have made attempts to respond but can't do so without an S172

I suppose we just wait for S172 and presume they will not start prosecution as we have made every attempt to comply but if prosecuting they need to do so by 16 March 2022.  Highly unlikely I would think in the present situation of the courts

Any backlog in the courts is irrelevant. The police simply have to start proceedings within 6 months: the courts can then take as long as they like to deal with it.