Is there a time limit on notice of intended prosecution?

How is a notice of intended prosecution given? There is an NIP time limit that applies of 14 days from the offence.

What to do if nip is over 14 days?

However, if the notice is dated after the 14-day period, it may be invalid. In this case, you can respond to the police to state this. You must still confirm your name, address and if you were indeed driving at this time.

What happens after a notice of intended prosecution?

The notice of intended prosecution will be sent to the address of the registered owner of the vehicle. If this is the company vehicle then it will usually be sent to the leasing company, then to the company and then to an individual.

Does a notice of intended prosecution mean court?

When you receive an NIP it doesn’t automatically mean that you are going to face prosecution, it is a warning that you may face prosecution. The NIP must be served on the driver or registered keeper within 14 days of the offence otherwise the offence cannot proceed at court.

Does the 14 day nip rule include weekends?

It is 14 consecutive days to the Registered Keeper. No leeway is given for bank holidays, weekends or iirc postal strikes. All of the reasons trotted out for late first NIP’s (outside of new vehicle or address) are not valid. Hire or works vehicles are still covered by the 14 day rule.

What happens if a speeding ticket comes after 14 days?

You may have heard that if you get a speeding ticket through the post more than 14 days after the vehicle you own was photographed speeding, the ticket can be cancelled. All the police need to do is show the ticket should have reached the vehicle’s registered owner under normal circumstances within 14 days.

How do you reject a notice of intended prosecution?

The correct approach is to name the driver and then ask for a court hearing to challenge the NIP in relation to the speeding matter. You cannot reject a NIP. It’s only the court ultimately that can decide whether the NIP was defective.

Is failing to stop a summary Offence?

The failure to stop is usually viewed as the more serious of the two. A person who fails to comply with subsection (2) or (3) above is guilty of an offence punishable with a maximum sentence of six months’ imprisonment.

When to send notice of Intended Prosecution ( NIP )?

In many cases, the registered keeper will be a lease company not the actual driver, with the result that even if the driver is unaware of the incident, service of the Notice is good if it was sent to arrive at the registered keeper’s last known address within 14 days of the offence.

When does the prosecution not have to comply with S.1 rtoa 1988?

Section 2 RTOA 1988 states that the prosecution does not have to comply with s.1 RTOA 1988 if, owing to the presence on a road of a vehicle in respect of which the offence was committed, an accident occurred at the time of the offence or immediately afterwards.

What are the statutory defences for section 172?

Section 172 Has Statutory Defences. When s.172 was created, it was envisaged that it would be innocent people who would benefit from a statutory defence. There are two statutory defences under s172; 1. Reasonable Diligence Argument. Only the registered keeper at the time of the offence can raise a Reasonable Diligence Argument.

When do police warn you of Intended Prosecution?

This is because the police sometimes do not always use the words “speeding” or “careless driving” or “dangerous driving”. Instead they sometimes say that they are warning you that you may be prosecuted (for example) for a contravention of section 2 or section 3 of the Road Traffic Act 1988.