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#Post#: 70779--------------------------------------------------
England - received Notice of Intended Prosecution for speeding 1
month late
DIR By: JacobsMess
Date: May 10, 2025, 7:16 am
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So I was driving my partners car on the 08/04/25 and have today
(10/05/25) received a Notice of Intended Prosecution (over a
month later) stating I was driving 41mph in a 30mph zone. She is
the registered keeper and I am named on the insurance.
We aren't exactly sure where the car is currently registered (my
partner has moved several times over the last few years and
isn't great at keeping up with updating her v5) but she also was
caught speeding last year and received the fine in time to our
current address, so we assume West Yorkshire police are able to
see the correct address for her.
As I understand there is a 14 day period for the NIP to be
issued, the date on the latter is 09/05/25 (yesterday), what is
the process and is it as clear cut as I understand (outside the
14 day period the fine is void?).
Thanks.
#Post#: 70780--------------------------------------------------
Re: England - received Notice of Intended Prosecution for
speeding 1 month late
DIR By: andy_foster
Date: May 10, 2025, 7:39 am
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To assume makes an ass out of U and me.
To all intents and purposes, unless her V5C shows her correct
and current address, the date of any notice sent to an address
other than the address on her V5C is irrelevant for the purposes
of the requirement to serve a NIP under s. 1 RTOA 1988.
If you check the vehicle status on the DVLA's website, it will
show when the latest V5C was issued. That should give a clue as
to what address is showing on it - although we generally take
the pragmatic view that unless the OP has the V5C in their hand,
has checked the address on it, and confirmed the issue date, the
14 day rule does not apply to any NIPs sent to their current
address.
#Post#: 70783--------------------------------------------------
Re: England - received Notice of Intended Prosecution for
speeding 1 month late
DIR By: JacobsMess
Date: May 10, 2025, 8:15 am
---------------------------------------------------------
Thanks,
so checking the date on the DVLA website states a V5 was issued
the month we moved to our current address, suggesting its
correct but we dont have one for this address and using this
address on the DVLA website to request a new V5 results in an
error. Using the old V5 with the incorrect address on it also
results in an error but we get a little further.
I think we will need to contact the DVLA, find out the
registered address and then see what, if anything has been sent
there.
#Post#: 70790--------------------------------------------------
Re: England - received Notice of Intended Prosecution for
speeding 1 month late
DIR By: 666
Date: May 10, 2025, 9:26 am
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--- Quote from: JacobsMess link ---
>
> Thanks,
> so checking the date on the DVLA website states a V5 was
issued the month we moved to our current address, suggesting its
correct but we dont have one for this address and using this
address on the DVLA website to request a new V5 results in an
error. Using the old V5 with the incorrect address on it also
results in an error but we get a little further.
> I think we will need to contact the DVLA, find out the
registered address and then see what, if anything has been sent
there.
>
--- End Quote ---
Whatever the outcome of that enquiry, the s172 request to name
the driver remains valid: it is not subject to the 14-day rule.
Do not fail to respond within the required timescale.
#Post#: 70792--------------------------------------------------
Re: England - received Notice of Intended Prosecution for
speeding 1 month late
DIR By: Southpaw82
Date: May 10, 2025, 9:37 am
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Do you not have the V5C?
#Post#: 71083--------------------------------------------------
Re: England - received Notice of Intended Prosecution for
speeding 1 month late
DIR By: JacobsMess
Date: May 12, 2025, 11:36 am
---------------------------------------------------------
We have an old V5 for an old address (being sorted now) but it
seems the vehicle is still registered there. We've been in touch
with the people at the address (known and trusted to us) and it
appears as though no correspondance has been sent there,
suggesting the police are using our current address rather than
it failing to arrive...
I'm not sure how best to respond? My partner is going to contact
the police and request information on what address the NIP has
been sent to and a date but is there anything else that could be
done? the NIP states we have 28 days, presumably from the date
on the letter not the date of the incident.
#Post#: 71102--------------------------------------------------
Re: England - received Notice of Intended Prosecution for
speeding 1 month late
DIR By: JustLoveCars
Date: May 12, 2025, 1:14 pm
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--- Quote from: JacobsMess link ---
>
> I'm not sure how best to respond?
>
--- End Quote ---
There is only one response - to comply with the s172 request.
(Failing to do this will render any potential defence to the
underlying offence irrelevant)
--- Quote from: JacobsMess link ---
>
> We have an old V5 for an old address (being sorted now) but it
seems the vehicle is still registered there. We've been in touch
with the people at the address (known and trusted to us) and it
appears as though no correspondance has been sent there,
suggesting the police are using our current address rather than
it failing to arrive...
>
--- End Quote ---
It is almost certain the Police used the address on the V5C
unless there was an issue with it. The Police would be able to
evidence the NIP entered the postal system - it would be for the
defendant to rebut the delivery. I wouldn't rely on the
testimony of a 3rd party as a strong rebuttal.
They may have checked MIB after not receiving a response. But
this is all guess work... Depends on how keen you are to go to
court to defend it (if you actually have a viable defence).
Of course, you can ask the Police any question you like - they
are not obliged to provide any answers at this stage though.
#Post#: 71106--------------------------------------------------
Re: England - received Notice of Intended Prosecution for
speeding 1 month late
DIR By: NewJudge
Date: May 12, 2025, 1:46 pm
---------------------------------------------------------
The issue with the late service of the NIP will only become
relevant if somebody is charged with speeding. Unless and until
a response to the s172 request is provided nobody can be charged
with speeding. There are no time constraints on the service of
the s172 request.
Your partner (assuming the request is addressed to her) must
respond within the 28 days allowed, naming you. You will then
receive your own request and you must do likewise.
The police may then make an out-of-court offer to you (a course
or a fixed penalty) or prosecute you. Then you can worry about
whether or not the police have complied with the law when
serving a NIP. If you believe hey have not you will have to
ignore the offers and wait to be prosecuted.
The police have only to show that they posted the NIP to the
Registered Keeper's last known address so as to arrive within 14
days in the normal course of the post.
--- Quote ---
> We aren't exactly sure where the car is currently registered
(my partner has moved several times over the last few years and
isn't great at keeping up with updating her v5).
>
--- End Quote ---
^^^
In view of that I might be inclined to accept whatever was
offered.
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