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Company receives Notice of Intended Prosecution outside 14 day period: does this provide the company car driver with a defence?

by Murdo Maguire — last modified 2007-01-28 11:57

I have just received a Notice of Intended Prosecution. I am a company car driver and the Notice was first served on my company. The date it was received by my Company was 23 days after the alleged offence on 2nd January. Does the 14 day rule apply in this case (given that it was also the Christmas/New Year holidays).

The NIP should have been served on your company within 14 days but provided it was deemed to have been issued in date (ie within the 14 days) it is likely to have been deemed served and it would not matter when they actually received it. Furthermore company cars are often registered to rental/leasing companies which further adds to the time allowed for the issuer to reach the company and the final driver.

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