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I have received a NIP for a speeding offence over five weeks ago. Is the NIP still valid?
I have received a Notice of Intended Prosecution for a speeding offence over five weeks ago. I was allegedly caught speeding on a static camera. Is the NIP valid?
The NIP has to be served on you at your last known adress within 14 days of the date of the alleged offence.
An exception to this rule is if you are not the registered keeper and the original NIP was served on the original keeper within 14 days and then they named you (after that there is no time limit). The other exception is if the police have had trouble tracking you down because you have changed address and not notified the DVLA.
Do either of these apply?
If the passage of time makes if difficult for you to name the driver you may have a statutory defence available to you.
Over the last 14 months we have achieved a 100% success rate in defending allegations of failing to provide information as to the identity of the driver. All the clients that we represented on the basis of a fixed fee recovered 100% of their legal expenses back from the Court in the form of a defendant's costs order. This means that our services were effectively for free.
Only one of the cases where we acted went as far as trial and we won that! All the other cases were withdrawn pre-trial by the Crown Prosecution Service who were persuaded by us (on our client's behalf) that they wouldn't win at trial.
To win you need to persuade the Court that you used all due diligence to figure out who was driving and that it was reasonable in your case that you were unable to do so.
These are dangerous allegations in that since the 24 September 2007 the points if convicted were increased from 3 to 6. If convicted you will also get a fine and costs ordered against you, but we can help you try and avoid this possible outcome.
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