Notice of intended prosecution

[boggle87]

Hi can anyone help, i’ve recieved a NOIP in the post to my home address that was sent to my employer as i was driving a company vehicle at the time of alleged offence, but the NOIP has come over 2 months AFTER alleged offence date, my name is also spelt wrong on the notice. They claim that because it was actually sent to registered dvla address, the 14 day requirement is invalid regarding nominated drivers.

Can anyone help me, do i have grounds to fight the notice? What should my defence/response be? Thank you

[Manxman]

The 14 day limit only applies to the first NIP (or s172 notice) sent to the Registered Keeper of the vehicle in question. Subsequent s172 notices sent to the driver identified by the RK basically have no time limit. So you receiving yours two months after the alleged offence is of no help to you.

If you don't reply naming the driver (yourself presumably) within the 28 day time limit (check what your paperwork says) you commit the offence of failing to identify the driver and will end up with 6 more points on your licence and very steep insurance premiums for five years.

If your name has been mis-spelt you might possibly be able to argue that it has not been properly served on you. But unless the mis-spelling is so bad or inaccurate as to raise a serious question as to whether it is actually addressed to you, I'd have thought that was a rather dodgy argument and not worth running the risk of 6 points. See what others think.

If you were the driver it's probably best not to play silly games and end up with 6 points by not naming yourself rather than 3. (I presume it's a simple speeding offence?)

(Incidentally - you can't fight the s172 notice - you must respond to it unless you want 6 points).