Time limit on NIP?

Honest John Back Room » Legal matters
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Sat 13 Oct 2007 18:31
Time limit on NIP? - Nsar
I'm sure this has been asked before but what's the time limit between getting a letter saying they are thinking of prosecuting and actually getting prosecuted?

I returned the letter confirming I was the driver at the time on Fri 18 August. This was just about at the time limit I had been given from the offence, which I imagine was 28 days, but can't recall.

Thank you for resisting the urge to tell me I wouldn't need to ask if I hadn't actually done something wrong in the first place.....
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Sat 13 Oct 2007 18:44
Time limit on NIP? - Dwight Van Driver
On receipt of the NOIP/Form under 172 RTA 88 (name driver) you have 28 days to respond.

If they have not received anything back in the time limit then they can go into prosecution mode for failing to name driver (now carries 6 points). To do this they will have to lay an information and they have 6 months from date of offence to do so. Once information laid then summons can be issued and that takes as long as how long is a piece of string - 4 - 5 months. Bear in mind also summons can be served outside the 6 months.

Has the recent postal strike effected matters?

If you qualify for the Conditional Offer (depending on speed, licence and totting) you may wish to contact the SCP to see what the position is rather than have matters hanging over you?

If God is with you they may have discovered an irregularity in their evidence/procedures and dropped matters.

dvd


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Sat 13 Oct 2007 19:15
Time limit on NIP? - Pugugly {P}
"have 6 months from date of offence to do so. Once information laid then summons can be issued and that takes as long as how long is a piece of string - 4 - 5 months. "

Quite right - I successfully argued (it never got to court) that a summons issued 5 months after an event was potentially a breach of process and potentially a breach of Article 6 HR
(Right to a Fair Trial). CPS withdrew it, well offered no-evidence.
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Sat 13 Oct 2007 19:25
Time limit on NIP? - Nsar
DVD and PU too - the big guns!

Thanks chaps - I made the 28 day deadline, so looks like I'll just have to sit tight.
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Mon 15 Oct 2007 00:09
Time limit on NIP? - Fullchat
Who needs Nick Freeman?!?
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Fullchat
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Sun 14 Oct 2007 14:51
Time limit on NIP? - Westpig
PU,
I suspect the quality of the CPS representative might well have had an element to play.. around here summonses are regularly over the 6 months and we've queried it when one of my lads was up for a WDC from a work based accident. As long as the 'information has been laid' within the 6 months, then the actual issuing of the summons can be a lot longer and often is.

If ever i pick up anything weary i'll be on the phone!........:-)
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Mon 15 Oct 2007 00:11
Time limit on NIP? - Fullchat
WDC??? ....... due care??
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Fullchat
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