If a policeman stops a person for committing a car offence, they will almost always inform the individual at that time of their intention to prosecute, or at least they ought to for most offenses! However, for certain offences that have actually been caught on video camera or witnessed after the reality, such as speeding (caught on electronic camera), driving through a red light (again caught on electronic camera), and so on, the authorities are forced to inform the believed person, of their desired prosecution, by other means. This usually takes the form of a ‘notice of designated prosecution’ (NIP for short), typically provided by first class post to the address of the registered keeper of the automobile. If you’ve gotten such a notification, it is necessary to understand exactly what your choices are and exactly what treatments you must follow in order to abide by the law.
The initial step you ought to take is to figure out whether your NIP is in reality valid. By law, the cops need to send a NIP to the address of the signed up keeper within 2 Week of the supposed offense. If the NIP is sent outside of this 14 days, then the prosecution is void and the case can go no even more. In identifying whether your NIP is invalid, you must examine the concern date on the notice versus the date of the supposed offense. It is this date, instead of the date on which you got the letter, that is necessary. It’s also important to note that the police only have to prove that they sent the letter, not that you got it!
You might discover that your NIP consists of inaccurate info about the vehicle that was being driven or the particular nature of the offence. This does not indicate that the notification is void and, as long as you can recognize the occurrence in question from the information supplied, then you will still be obliged to respond to the NIP. If, nevertheless, you are unable to identify the supposed offence from an incorrect NIP, you need to return the notice requesting for information. If your NIP does include major mistakes, it may deserve taking the advice of a barrister or solicitor speeding expert about whether it can be challenged.
If the NIP is valid, you will have to respond within 28 days or face the possibility of a more prosecution for withholding inquired. Your reply should identify the driver at the time of the offence. If this was you, then this need to be mentioned and ought to not be kept. Nevertheless, if you can not make certain who was driving at the time of the offence, due to (perhaps) the automobile being driven by numerous individuals on the day in question, however you would be wise to rapidly look for legal guidance from a solicitor or lawyer speeding professional.
Such circumstances are complex from a legal perspective, so you might wish to take the guidance of a lawyer or solicitor with know-how in car offenses. They can provide comprehensive guidance on the suitable course of action and help you to deal with the prosecution in as reliable a way as possible.
Jonathan Wilkins, #1 Motoring Solicitors, is a skilled car legal representative specialising in safeguarding vehicle drivers against charges such as speeding tickets and drink driving. If you have been served with a Notice of Intended Prosecution (NIP) and do not know exactly what steps to take, he can direct you through this complicated area of car law.