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Jo C.
Jo C., Barrister
Category: UK Traffic Law
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Experience:  Over 5 years in practice.
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I have recieved an application for name of driver

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I have recieved an application for name and address of driver today - 16th July. The incident was on the 28th June and the date on the letter is the 12th June. Does this fall outside the 14 day rule. The offence was I was taking a photograph of an accident on the motorway as evidence that I was late for a meeting. The police pulled me over and said that I would get a letter in the post, he did not mention prosecution or Nip.

Also attached to the letter is a separate page for more information. It is hand written on this that it was posted on the 15th July.

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

Are your dates correct? Surely that would make the date of the letter before the accident?
Customer: replied 3 years ago.
Sorry, the date of letter is the 12 July. Regards
Good news then. They are time barred.
The rules are contained in S1[1]c] Road Traffic Offenders Act 1988 which you’ll find here
They must either deliver a NIP verbally at scene or serve it upon the registered keeper within fourteen days of the offence.
Under S1[1A] the notice should actually arrive within 14 days.
However, its important to respond in a particular way. The document you have received is confusing. Although it is one document, it contains both a NIP and a S172 form which are two different legal entities. They may well be time barred on the NIP but that doesn’t mean you can avoid your S172 responsibilities.
If you don’t respond naming the driver on the S172 form they will charge you with failing to identify. Probably they are hoping you will do exactly that so that they can prosecute you for something.
If you do fill out the forms naming the driver then its likely you would hear no more about it. If they do seek to prosecute you then you can rely on the fact that the NIP was out of time.
Hope this helps. Please let me know if you need more information.
Jo C. and 2 other UK Traffic Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi, I have now been issued with a court summons for the offence giving me the option to plead guilty by post, attend in person and plead guilty or plead not guilty. How can I guarantee that the nip was out of time or whether the document was a nip in the first place as it is confusing.
The only way to challenge this is to attend court and make an application for the matter to be struck out on the basis that the NIP was out of time.
Obviously that is a risk though as its your only defence on the facts that you present here.
You could get a solicitor to examine the documents in advance to see whether it was a NIP and the dates upon it. There will be cost in that but arguably its better than paying costs for a trial.

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