Quizzes & Puzzles13 mins ago
Time limit for sppeding camera fine?
Is there a set time limit for being notified as to whether I'm going to be fined after being "flashed" by a camera?
I read an earlier AB thread about this and I was s bit confused. That thread stated that you had to receive/be sent an N.I.P. (Notice of Intended Prosecution). however, later in that thread it said that you can be prosecuted within 6 months of the "alleged" offence.
Can someone please give me a definitive answer?
And, before any undercover cops ask, I'm NOT gonna tell you where/when it was! :o)
T.I.A.
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.An NIP is necessary if you were not warned at the time of the offence of a likely prosecution. If a summons or a fixed penalty conditional offer notice is issued within that time, however, an NIP is not necessary.
Generally speaking, prosecutors do not have to prove receipt of an NIP. They are sent by first class post and it is assumed that they will be delivered within the normal postal delivery times. If it was posted in time but is delayed in the post it is still valid.
If you are summonsed outside 14 days without having been issued with your NIP then it gets a bit messy. There are a couple of points in particular to note:
1. Failure to provide the accused with an NIP is no bar to prosecution where the police could not with reasonable diligence have ascertained the name and address of the accused in time for service of the notice within the 14 day period.
2. Failure is also no bar to prosecution if the accused contributed to such failure. (e.g. if your dog chews up the notice you will be deemed to have contributed to its non-receipt).
The important point is, however, is that you may still be summonsed in these circumstances. If you are, and you ignore the summons, the case will be heard in your absence in the magistrates� court. You will almost certainly be convicted and will have to apply to have the case reopened if you want to overturn the conviction.
If you do attend court and seek to have the prosecution struck out because of the non-receipt of the NIP, it will be for you to show that it was not received. (I know �it�s difficult to prove that something did not happen). You will be asked to give evidence on oath concerning the missing NIP and the court will decide the matter after hearing the evidence from the prosecution and from yourself. If you do go down that road it would be advisable to get a solicitor to put your case.
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