My name is spelt incorrectly on a Notice of Intended Prosecution. My name is Stephen and it is spelt Steven on the Notice. Is it valid? Can I ignore/reject it as being invalid? Can the Police still proceed with a prosecution?
If you ignore the Notice of Intended Prosecution (NIP) the Police will issue a Summons for failing to identify. At Court, the Magistrates will consider whether you genuinely believed that the Notice was intended for another party and if so, what action you took to return the Notice on that basis. If the Magistrates take the view that you are attempting to use a typing error as a technical defence, you will probably be convicted for failing to identify which will result in 6 penalty points.
The Police inevitably use information that is supplied by the DVLA and if that information is incorrect, the Police will not be criticised for being unaware of an error. Likewise, the Police will always have the option to amend clerical errors at Court. In most circumstances, it is obvious who the Notice is for and you should therefore provide the information requested in order to avoid prosecution for a more serious offence.
I think I’ve been flashed by a speed camera. How long do the Police have to contact me? How long do I have to wait to find out if I have committed an offence?
If you are the registered keeper of the vehicle, you should receive a Notice of Intended Prosecution within 14 days. If you are not the registered keeper, the Notice will go to whoever is on record with the DVLA, be it a lease company or hire company etc, as appropriate. As long as the Notice is served in time, your obligation is to supply details as to driver identity, which you must do within 28 days of receiving the NIP. Thereafter, the Police will decide whether they are willing to offer a speed awareness course, a Fixed Penalty or refer the case to Court.
If you do not reply to the Notice in time, or with-hold information, you will be prosecuted for failing to identify a driver pursuant to Section 172 of the Road Traffic Act and would risk 6 points and a more substantial fine. If you require evidence in support of the allegation, you should request same when replying to the Notice.
Failing to comply with traffic light signal: Will requesting photographic evidence make a difference?FAQ
I have received a Notice of Inteded Prosecution for failing to comply with traffic light signal. Will requesting photographic evidence make a difference?
It is always worth asking for the photographic evidence, particularly as to prove the offence, the Police will have to show that your vehicle crossed the line whilst the red light was illuminated. Although this is a strict liability offence, meaning that such evidence prevents any defence being raised, if the Police cannot produce the photograph, or evidence to support the allegation, they cannot prove the case. You have nothing to lose by requesting the photograph.
I recieved a Notice of Intended Prosecution for my company car 14 days after the offence. Do I have to supply details?FAQ
I recieved a Notice of Intended Prosecution in respect of my company car 14 days after the offence. As I’ve received the NIP outside the mandatory 14 day notification period, do I have to supply details of the driver?
There is a great deal of confusion about time limits for the receipt of a Notice of Intended Prosecution. The only obligation on the part of the Police is to serve the Notice on the registered keeper of the vehicle within 14 days of the offence. The registered keeper is the person and/or company whose details are held on the DVLA database. As this is a company car, the likelihood is that the registered keeper is either your employer or the lease company who supplied the vehicle. In those circumstances, you need to see a copy of the NIP that was sent to them as the likelihood is, it was served within 14 days and therefore valid. In those circumstances, you must reply to the Notice served on you and failure to do so is a further offence.
I have received a Notice of Intended Prosecution for crossing a red traffic light. The NIP states that the time into red was only 1 second. The amber light was previously on for 2.9 seconds. Legally does the NIP apply if the red light was only illuminated for a second? Is it worth appealing?
Red traffic light offences are strict liability. The rules are that you must stop on amber, unless it is unsafe to do so. You must stop on red, regardless of the circumstances. If the lights were red for one second, you will be convicted. You can ask to see the photographic evidence etc, but if the lights were red when any part of your vehicle crossed the stop line, you will lose.
You may therefore be better off taking the 3 points and £60 fine as that offer will be withdrawn if you proceed to Court.
I received a Notice of Intended Prosecution but I cannot be sure who was driving at the time of the offence. When I asked for the photographic evidence, it simply initiated Court proceedings for failing to supply the identity of the driver. Do I have a valid claim as I have reason to believe that the ‘evidence’ in question is weak and when I asked for the evidence I am simply summonsed to Court?
There is a strict obligation to reply to a Notice of Intended Prosecution within 28 days. If you do not supply the identity of the driver in that time, it can be argued that you have failed to meet your obligation. If you do not know who was driving, but believe the photograph will assist you, you should ask to see same but when requesting a photograph, you should ask that your time for supplying the information be extended until you have had ample opportunity to consider the evidence. Although the Process Unit do not have to co-operate, they would normally do so and if a Summons were issued in these circumstances, the Court will not be overly impressed, given that you can show a genuine effort to deal with the matter.
I have received a Notice of Intended Prosecution for contravening a red traffic light. I honestly do not remember this offence and therefore would like to view the evidence. How can I obtain the photo?
Firstly, you will need to confirm that you accept you were driving at the time of the alleged incident. Most Police forces will not consider sending evidence until identity is established. Thereafter, you can contact the Police and ask for the photograph. Although, strictly speaking, there is no obligation to provide evidence until a Summons is issued, many Police forces will disclose information either via letter, posting it on a website or alternatively allowing you to view it at a Police Station. If the Police refuse initially to co-operate, be persistent and remind them that it is in their own interest to assist you as that may well result in the case being concluded more promptly.
I have received a Notice of Intended Prosecution for a motor offence. Is the NIP valid if it has not been signed?
The Notice of Intended Prosecution does not require a formal signature. It complies with the law as long as it is apparent that it has been issued on behalf of the chief constable and that the person who has issued it, has authority to send the Notice. The document can be computer generated and the information detailed provided by mechanical means.