Notice of Intended Prosecution received - any advice?

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#16 Post by TC » Sun Nov 04, 2007 7:20 pm

BFG wrote:It must have arrived within 14 days. Plenty on google about this.
It does not have to arrive within 14 days, but it must be sent within 14 days, and sending it first class in the post will have deemed it to have been served even though it may never arrive.

When should you get one?

The following offences require (under Section 1 of the Road Traffic Offenders Act 1988) that you be given notice of the fact that you may be prosecuted:-
a) Dangerous Driving

b) Careless & Inconsiderate driving

c) Leaving a vehicle in a dangerous place

d) Dangerous cycling

e) Careless & Inconsiderate cycling

f) Failing to conform with the indication of a police officer when directing traffic

g) Failing to comply with a traffic sign

h) Exceeding temporary speed restrictions imposed by s 14 of the Road Traffic Regulation Act 1984

i) Exceeding speed restrictions on a special road

j) Exceeding temporary speed limit imposed by order

k) Speeding offences generally

What form must the notice take?

It can be :-

a) given verbally at the time of the offence, or

b) by a summons being served on the offender within 14 days of commission of the offence, or

c) a notice of intended prosecution, specifying the nature of the offence and the time and place
where it is alleged to have been committed, must be served on the offender, or the registered keeper of the vehicle at the time of the offence, within 14 days of the offence.
These provisions are deemed to have been complied with unless or until the contrary has been proved (ie you will have to raise it).

If you have not been given the notice within 14 days (ignoring the day of the offence) then they cannot proceed against you unless an exception applies (see below).

Exceptions & Get Outs

a) No such notice is required if a full or provisional fixed penalty notice has been given or fixed under the Provisions of the Road Traffic Offenders Act 1988

b) A notice sent by post must be dispatched so that it would reach the driver within the 14 days within the ordinary course of the post. If this is the case then it will have been deemed to have been served even if it is delivered outside the 14 day period.

c) If there is an accident involving the vehicle in question, of which the driver is aware, then the police do not need to provide a Notice of Intended Prosecution.

d) Failure to comply is no bar where the police could not with reasonable diligence have ascertained the name and address of the accused in time for service of the summons or notice within the 14 day period, or the accused contributed to such failure. [These are highlights - might apply for example if you drive a hire car, company car or you were not the registered keeper]

e) Service of a notice at the last known address of the accused will suffice for good service.

Although the act states that th notice must be sent in order that it could be received within the 14 days, this part of the act has been superceded in that a number of cases have been contested onthe grounds that the NIP was not sent until day 13 and therefore ad no realistic chance of arriving within 14 days.

They were thrown out as the Judge decided that the act had been complied with and the NIP was despatched within the 14 day time frame

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#17 Post by BFG » Mon Nov 05, 2007 1:28 pm

TC wrote:
It does not have to arrive within 14 days, but it must be sent within 14 days, and sending it first class in the post will have deemed it to have been served even though it may never arrive.
That was it. That's the change they made. I remember that there was a change to deem that notice had been served if it had been sent, even though the royal mail lose up to 280,000 letters a week, many of which are never found.

In my case, they used 2nd class post, which was considered not to comply with making a reasonable attempt to have got it there within 14 days.

Of course - do the crime, do the time. And I have done when I was caught by a real copper. :)

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#18 Post by Thumper » Thu Jun 26, 2008 3:10 pm

You have been Lucky pay up and be more careful :smt003
Always expect the unexpected

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