Notice Intended Prosecution

[Jonana1]

Hi My husband as the registered keeper received a NIP on the 13/4/24 for a speeding offence on the 19/3/24 well outside of the 14 day limit. Under section 172 he responded but only to give my details as I was driving at the time. I have now received a NIP on the 28/4/24. It was a motorway camera so no notice given on the day. Can I or my husband refute the fine as it was outside of the 14 days and if so which one of us should send it and is there a template letter. Thank you

[HandyAndy]

Your husband is now out of this. He has named you as the driver, so complying with his duty under s172, and that's him done.

You can't refute the fine. You can decline the offer of a course or fixed penalty (if you are made such an offer and that will depend on your speed and whether you qualify). In that case the police will prosecute you in court. You will have to plead Not Guilty on the basis that no NIP was served within 14 days, as required by Section 1 of the Road Traffic Offenders' Act.

It gets tricky after that, but first things first:

• What is the date on the NIP?
• Are you absolutely sure your husband is the RK?
• Does he hold the V5C and are all his details shown on it (particularly his address) 100% correct? Get the V5C out and look rather than guess or assume as this is important.
• Were there any changes to your address recently or did he recently acquire the vehicle?
• At the foot of the V5C (page 2, I think) there is a "docref" date. What is that and how does it compare to the date of the offence?

Let me know the answers to those questions and we'll go from there. This is not a simple matter and if you get it wrong it will be very expensive.

[Jonana1]

Hi the original NIP sent to my husband was dated 11/3/2024 - well over two weeks after the offence.
my husband is definitely the RK, everything on it is correct. We’ve not moved or made any recent changes. We’ve had the car for several years.

[HandyAndy]

My husband...received a NIP on the 13/4/24 for a speeding offence on the 19/3/24

the original NIP sent to my husband was dated 11/3/2024 - well over two weeks after the offence.

Do you mean it was dated 11/4/24?

[Jonana1]

Sorry typo yes it was dated 11/4 and arrived on 13/4

[HandyAndy]

If everything you say is correct it seems you have slam dunk defence to the speeding charge. But there is one very important proviso:

You need to make absolutely certain that the NIP received by your husband was the first NIP issued (i.e. that one was not issued previously to somebody else or to somewhere else). From what you say it should be. However, that NIP was not delayed in the post. If it is the first NIP (the only one required by law and so the only one subject to the 14 day limit) It was issued far too late. Why I am very worried that this may not be the first NIP is that as far as I know, the system the police use to issue them actually prevents them being issued late without manual intervention.

I suggest you contact the issuing ticket office and ask them to provide you with the details of the first NIP issued in connection with this allegation – who it was issued to and the date it was issued. Only if you are certain your husband’s NIP was the first issued and you have checked the V5C to ensure there are no deficiencies in the address held by the DVLA should you consider defending the matter in court.

I mentioned that this could be expensive if you get it wrong. If you plead not guilty but are found guilty you will face an income related fine and points. The amount of both will depend on the speed and limit but will be at least half a weeks net income and three points. You will also pay a surcharge of 40% of the fine, As well as that you will pay prosecution costs which will be £620. So you will not see much change from £1,000 - possibly more than that, depending on your income. A course or fixed penalty will cost you just £100, so you can see why it’s important to get it right

Do let me know what you find out.

[Manxman]

Hi the original NIP sent to my husband was dated 11/3/2024 - well over two weeks after the offence.
my husband is definitely the RK, everything on it is correct. We’ve not moved or made any recent changes. We’ve had the car for several years.

Sorry, but you haven't actually confirmed that you've checked the vehicle's V5C (which your husband will have if he's the Registered Keeper) and that his name and address on that V5C are all 100% correct.

If you can't check the V5C because your husband doesn't have it, that probably means he isn't the Registered Keeper. (Many cars these days are leased and either the lease company or a finance company is the Registered Keeper with the DVLA. Many people mistakenly believe that because they legitimately possess a car on a lease, then they must be the Registered Keeper. But they almost certainly aren't)*.

Regardless of whether or not the original NIP to your husband was late, you still must respond within 28 days to your own s172 request to confirm that you were the driver. That obligation is entirely separate and distinct from whether your husband's NIP was out of time. If you don't reply you leave yourself open to being convicted of a more serious and more expensive offence than the original speeding.


* Apologies if you already knew all that but many people swear blind that they were the Registered Keeper only to discover they weren't when they realise they don't have the V5C. You haven't confirmed that you've actually seen the V5C and that all is in order

[Jonana1]

Thank you both for your replies. We do have the V5C and confirm that it’s all correct. We own the car outright - never leased a vehicle. I’ll let you know how we get on.

[Manxman]

OK. Don't forget to return on time your own s172 request identifying yourself as the driver. That's an entirely separate issue from whether or not the first NIP to your husband was late. You don't want to be lumbered with a separate failure to identify charge.

Have you done what HandyAndy suggested at #6?

"I suggest you contact the issuing ticket office and ask them to provide you with the details of the first NIP issued in connection with this allegation – who it was issued to and the date it was issued. Only if you are certain your husband’s NIP was the first issued and you have checked the V5C to ensure there are no deficiencies in the address held by the DVLA should you consider defending the matter in court."