What Is The Time Limit For A NIP?
We are frequently asked what is the time limit for a NIP or Notice of Intended Prosecution.
Example Question:
I recently received a Notice of Intended Prosecution from the Road Safety Camera Partnership people. The notice was received after the 14 day time limit. I have been searching on the internet and note that some sites say I should just ignore the notice as it is out of date. What are the consequences of ignoring the notice?
The consequences of ignoring the notice or failing to respond within the time limit given for the NIP are more serious than the original offence. If you fail to provide driver details then you may be prosecuted for contravening section 172(2) of the Road Traffic Act 1988 and face 6 penalty points and a higher fine.(It tells you that on the notice!)
Do not ignore the notice, if you were the driver write back confirming this but also state on the documentation that you intend defending this case as the notice was sent to you out with the statutory time limit of 14 days and therefore subsequent prosecution would not be legal. Make sure you keep the letter and the envelope that it came in to assist in proving the facts of service.
The 14 day time limit that you have heard about relates to the amount of time that the authorities have to intimate to the registered keeper of a vehicle that their vehicle has been involved in an alleged offence, usually speeding
There is a time limit for sending out these Notices of Intended Prosecution and importantly there are time limits for returning them. Generally the police or Road Safety Camera Partnership give you 28 days to return to them with your response.
In Scotland it is sufficient that the police or Road Safety Camera Partnership can show that they sent the Notice within the 14 days. NOT that you received it within the 14 days however a recent case in England (Gidden v Chief Constable of Humberside) indicated that if the motorist could show that the notice was received out with the 14 day limit then the motorist cannot be prosecuted. That case raised concerns about notices being sent when a postal strike was ongoing and the police and authorities should have been aware of likely delays in service. It may mean that this issue will be re visited by the appeal court in Scotland in the future.
