Flashed by speed camera

singhini

Why is it 14 days for a NIP (Notice of Intended Prosecution)?

i found this but it doesn't explain why its 14 day https://www.motorlawyers.co.uk/procedure/notice_of_intended_prosecution.php

I can only conclude its because at a meeting someone suggested 14 days and its nothing more complicated than that (it could have easily been 7 or 28 days), 

And if that's the case, how do you change it to 28 days (or 7 for that matter)?

Emmia

singhini said:

Why is it 14 days for a NIP (Notice of Intended Prosecution)?

i found this but it doesn't explain why its 14 day https://www.motorlawyers.co.uk/procedure/notice_of_intended_prosecution.php

I can only conclude its because at a meeting someone suggested 14 days and its nothing more complicated than that (it could have easily been 7 or 28 days), 

And if that's the case, how do you change it to 28 days (or 7 for that matter)?

I imagine 14 days is in the relevant legislation - changing to 28, 7, 90, etc. would require new legislation. 

The original time period was probably selected for giving enough time for the papers to be sent, received and acted upon... So you can't change the period for yourself.

singhini

Emmia said:

I imagine 14 days is in the relevant legislation - changing to 28, 7, 90, etc. would require new legislation. 

The original time period was probably selected for giving enough time for the papers to be sent, received and acted upon... So you can't change the period for yourself.

That's what i'm after, the original legislation
Do you know where i can find it (i've been looking but i've not managed) 

Emmia

singhini said:

Emmia said:

I imagine 14 days is in the relevant legislation - changing to 28, 7, 90, etc. would require new legislation. 

The original time period was probably selected for giving enough time for the papers to be sent, received and acted upon... So you can't change the period for yourself.

That's what i'm after, the original legislation
Do you know where i can find it (i've been looking but i've not managed) 

If you Googled it you'd find that it's section 172 of the RTA 1988 that deals with the notification 

https://www.met.police.uk/advice/advice-and-information/rs/road-safety/speeding/

Why exactly are you interested in this? If your godson was being an idiot and massively exceeding the speed limit, then he really ought to get the points that would be levied for this - the fact that he may also lose his licence is tough on him, but perhaps he needs to be a little lighter on the pedals.

victor2

singhini said:

Emmia said:

I imagine 14 days is in the relevant legislation - changing to 28, 7, 90, etc. would require new legislation. 

The original time period was probably selected for giving enough time for the papers to be sent, received and acted upon... So you can't change the period for yourself.

That's what i'm after, the original legislation
Do you know where i can find it (i've been looking but i've not managed) 

Quick google finds this:

https://www.legislation.gov.uk/ukpga/1988/53/section/1

From that (my highlighting):

 Requirement of warning etc. of prosecutions for certain offences.
(1)Subject to section 2 of this Act, [F1a person shall not be convicted of an offence to which this section applies unless]—
  (a) he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, or
  (b) within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or
  (c) within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was—
    (i) in the case of an offence under section 28 or 29 of the M1Road Traffic Act 1988 (cycling offences), served on him,
    (ii) in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence. 

Edit: Sending it by post to the last recorded address is considered as served. 

singhini

Emmia said:

singhini said:

Emmia said:

I imagine 14 days is in the relevant legislation - changing to 28, 7, 90, etc. would require new legislation. 

The original time period was probably selected for giving enough time for the papers to be sent, received and acted upon... So you can't change the period for yourself.

That's what i'm after, the original legislation
Do you know where i can find it (i've been looking but i've not managed) 

If you Googled it you'd find that it's section 172 of the RTA 1988 that deals with the notification 

https://www.met.police.uk/advice/advice-and-information/rs/road-safety/speeding/

Why exactly are you interested in this? If your godson was being an idiot and massively exceeding the speed limit, then he really ought to get the points that would be levied for this - the fact that he may also lose his licence is tough on him, but perhaps he needs to be a little lighter on the pedals.

FYI - I'm on a personal mission of trying to get the speed limit reduced on a local road (getting fed-up of seeing pet cats, wildlife and such like being run over by irresponsible drivers). 

Therefore i'm interested in anything that i can do to upset drivers (my current thought is trying to get the 14 days increased to 28)

My gut feeling is 14 days is not long enough (i personally would like to see them have atleast 28 days). 

However i have not read the legislation, so thankyou for pointing me to it.

------------------------------------------------------------

@victor2
Thankyou aswell.

14 days just seem like an arbitrary figure, no real reason why it cant be 28 days with a note letting people know they aim for 14 days BUT have upto 28

This should keep me busy for a few weeks

victor2

singhini said:

....

14 days just seem like an arbitrary figure, no real reason why it cant be 28 days with a note letting people know they aim for 14 days BUT have upto 28

This should keep me busy for a few weeks

You have to remember that in unless the driver is actually pulled over, the NIP will go to the registered keeper of the vehicle, who may not have been the driver. They have to identify the driver, which could be genuinely difficult for a vehicle with multiple drivers if the event was some time in the past...

singhini

Good point - people have short memories and 28 days won't help