Notice of intended prosecution

[dennistueartismyhero]

they need to inform you of the suspected offence within 2 weeks, beyond that the courts argue that you could not reasonably confirm the identity of the driver. after you have confirmed that you were the driver (where is your right to remain silent?) then im sure they can take as long as they like.
When we used to get our company cars caught we used to say that we didn't know who the driver was on that day (even though it was owned and run by one person) and the police couldnt really counter argue that point. the last time they let us off but issued us a warning that this was the last time.

 

[blueonblue]

You have the right to remain silent at all times, including in writing, simply give them notice that you are exercising that right until they furnish evidence of any authority to order otherwise, they may bluster a bit, but there's not a court in the land that can convict you for claiming a right they are sworn to protect.

 

[mickfinn]

You cannot chose to remain silent. The purpose of the NIP is to find of who was driving. If you receive the NIP, you're obliged to declare who the driver was.
If you don't you're liable to points and a fine

 

[sir baconface]

We don't recognise Welsh law in England. Just ignore them, pal.

 

[DiscoSteve]

79 in a 50, coming straight off a motorway

Ouch I understand they get upset by one of two things...

1. Going more than 30mph over the speed limit = ban
2. Going more than 50% over the speed limit = possible ban definitely book thrown at you

Sorry blue.

Its why Imy friend always initially slow from (cough) 80 to 75 in that 50mph section on the M60 after A56 junction but before the first average speed camera near the A6144 junction, just in case there's an umarked twat ready to pounce before heyou get to the 'you can't beat it' 53mph limit stretch between the cameras

 

[Mustard Dave]

they need to inform you of the suspected offence within 2 weeks, beyond that the courts argue that you could not reasonably confirm the identity of the driver. after you have confirmed that you were the driver (where is your right to remain silent?) then im sure they can take as long as they like.
When we used to get our company cars caught we used to say that we didn't know who the driver was on that day (even though it was owned and run by one person) and the police couldnt really counter argue that point. the last time they let us off but issued us a warning that this was the last time.

The OP was pulled over and served with the NIP at the scene. The time limit exclusion only applies when it is served by post.

Got pulled over by unmarked car and was given the NIP, expected to hear back from the sharpish but nothing as of yet...very stupid lad but at least no one is hurt

 

[East Level 2]

They normally do but according to the notice I got the camera was +- 3% and I'm still being done!
It will cost more for legal than the cost of the fine and all my swiss colleagues and friends say the same thing. Just pay it.
:-(

But +-3% could put you at 49.5 kph and therefore below the 50 kph limit.

 

[andyhinch]

I think he can do the maths, but if it costs more to fight it and no points involved better to just pay the fine, well and truly got him by the short and curly's

 

[inbetween]

You cannot chose to remain silent. The purpose of the NIP is to find of who was driving. If you receive the NIP, you're obliged to declare who the driver was.
If you don't you're liable to points and a fine

Indeed. You have the right to remain silent upon suspicion of committing a crime, IE, being arrested. The whole point of it is to prevent you from saying something that would otherwise incriminate yourself which is why they read out a caution. Responding to the NIP is not admitting guilt, it is responding whether you were driving at the time, the key word is INTENTION which implies they will prosecute IF they have the right person. Remaining silent in this case is effectively refusing to answer that question so they will have to summon you to court to get the answer. You DO have the right to remain silent but it would be very stupid to do so, it means you will end up in court just so that they can figure out who was driving. If they can establish it was you and there are no other mitigating factors, you are stuffed.

They already know someone was speeding in that car, the CPS will need to be able to prove it was you should you refuse to answer. I would imagine if you did not report your car as stolen, refuse to answer whether it was someone else, that is you by default. If you instead accept the NIP and admit it was you, you can still contest the fine even after accepting you was driving through your own defence in court. If you say it was someone else on the NIP and have not reported your car as stolen and that person was not really driving you open yourself to a whole new world of problems really.

The only way to contest a speeding fine is to say you was not driving the car at the time or to later propose in court upon contesting the fine other factors as per your defence. The burden then falls to the CPS to respond to that. Ignore the NIP and you will just get a summons but the range of punishments in court available to a judge are a lot more severe should it turn out to be you at fault at the end of it.

The usual time to respond to a NIP is 28 days meaning after that you should expect a summons if you do not hear anything else.

Accept the NIP and hope for a speeding awareness course offer.

 

[117 M34]

Say you needed the toilet