NIP Received 3 Months After Incident

[Leigh2023]

Hi, I wonder if someone might be able to help with a NIP I received on 09/03/24 notifying me that my car my recorded doing 36mph in a 30mph zone. The alleged incident was noted as being on 08/12/23 (approximately 3 months ago). This was communicated via a Notification of Intended Prosecution (NIP). From my research it appears the NIP should have been received within 14 days of the incident in order to remain within recognised and reasonable timescales for such matters.

My questions are as follows:

1) Is it reasonable to dispute the NIP on the basis of the lapsed timescale from a legal standpoint?
2) If so, How should I go about notifying the relevant constabulary that they have fallen outside of the 14 days, and that I expect the matter to be closed as a consequence?
3) Does the constabulary have any grounds to continue with the prosecution that will realistically conclude with a conviction?

[Leigh2023]

Apologies, I forgot to mention that the 36mph was recorded by a mobile camera van. The driver wasn't stopped on the day and issued any documents relating to the incident. The NIP received is the first correspondence/communication relating to it

[Manxman]

Hi, I wonder if someone might be able to help with a NIP I received on 09/03/24 notifying me that my car my recorded doing 36mph in a 30mph zone. The alleged incident was noted as being on 08/12/23 (approximately 3 months ago). This was communicated via a Notification of Intended Prosecution (NIP). From my research it appears the NIP should have been received within 14 days of the incident in order to remain within recognised and reasonable timescales for such matters.

My questions are as follows:

1) Is it reasonable to dispute the NIP on the basis of the lapsed timescale from a legal standpoint?
2) If so, How should I go about notifying the relevant constabulary that they have fallen outside of the 14 days, and that I expect the matter to be closed as a consequence?
3) Does the constabulary have any grounds to continue with the prosecution that will realistically conclude with a conviction?

To answer your questions:

1. There is nothing to dispute. It is simply a notice and you must respond within the timescale identifying who the driver was. If you do not do so, you commit a more serious offence than the original speeding offence. If you are convicted of failing to identify the driver you'll get 6 points, a £1000 fine and an endorsement code that will see your insurance premiums go through the roof for 5 years.

2. See answer to 1.

3. Yes - quite probably.


The most important question is "Are you the Registered Keeper (RK) of the vehicle in question?"

This question is important because it is only the original NIP which is sent to the RK that has to be served within 14 days of the offence. There is no time limit on subsequent NIPs.

You will know that you are the RK if your name and address are on the car's V5C (aka logbook). If you don't have the V5C you aren't the RK so the NIP is not late. (Apologies if you already know all that, but a lot of people don't...)

If you have any kind of company car or lease car it is virtually 100% certain that you are not the RK and again the NIP is not late.

If you are the RK, is your address on the V5C correct and up to date?. If it is, then either (a) what you have received is actually a reminder and the original has gone astray in the post, or (b) the NIP is indeed late.

Of the three possibilities I'd suggest you can attach the following approximate liklihoods to them:

1. that you are not the RK and therefore the NIP is not late - 94%

2. that you are the RK and the first NIP was lost in the post - 5%

3. that you are the RK and the NIP is in fact out of time - 1%



What you must do is respond to the request for driver details within the prescribed timescale. I assume you do know who the driver was and that there is no difficulty about naming them?


Carefully read the instructions about how to reply and follow them precisely. You might be able to respond online*, but it is more likely that you will have to send a hard copy through the post. Keep a copy of what you send and send it first class from a Post Office counter, and get a free certificate of posting.

If you are the RK I'd suggest you could also attach a covering letter to your reply explaining that this NIP which you received on 09 March and was dated dd/mm/yyyy appears to be out of time to secure a conviction for the speeding offence**. Leave it at that. Do not say anything to cast doubt on the driver nomination you give, or you'll open a can of worms.

Then see what happens. You might already be to late to be eligible for a speed awareness course as they need to be completed within 4 months of the offence and that time is almost up. You will likely be eligible for a conditional offer a of a fixed penalty, but if you are offered one, make sure you read and comply with all the conditions. If they decide to charge you, thay must start proceedings within 6 months of the speeding offence.

Or they might accept it was out of date and drop it...


* It's common for police forces to allow other drivers to be nominated online. But if you are nominating yourself they usually want it on paper - and signed.


** If you have the V5C and you are the RK, you could always 'phone them and ask when the first NIP was sent to you, and to what address. But I suspect you'll find that the first NIP was sent in time. Do you have any history of problems with postal deliveries? Whatever you do make, make sure you name the driver.