notification of proscution

[plotloss]

6 months for a summons I think?

Matt.

[paulu]

A few months back I got stopped for allegedly speeding, how long after the fact can you expect to wait for a summons, as it has been a couple of months I assume that nothing is going to happen!

any facts?

[paulu]

do you get it by recorded post? so I know what not to sign for!!

>> Edited by paulu on Tuesday 30th July 11:33

[madcop]

1st class post is adequate, Personal service or left with someone at the last know place of abode is sufficient.

14 days to issue the NIP but not 14 days to receive it.
To receive it after 14 days does not make it invalid as long as service was within the 14 days

Statutory limit on proceedings is, the information has to be laid before a magistrate or magistrates clerk within 6 months of the allecged offence.

That means 6 months to issue a summons. Once it has been issued, it can be legally served 5 years later if you have b*ggered off out of the country.

If you have not yet received an NIP and you haven't moved from the address that you were at when it happened, it would be a safe bet to assume that you have got away with it.
Hope that helps

[charltm]

but if you had a verbal NIP then you need to wait the six months before you can even think about considering yourself in the clear. I recently received a summons after 3½ months

[madcop]

quote:
but if you had a verbal NIP then you need to wait the six months before you can even think about considering yourself in the clear. I recently received a summons after 3½ months

Quite correct. All that has to be said are the words.

" You will be reported for consideration of the question of prosecuting you for the offence of......"

That is sufficient. If it is said at the time you were stopped for an offence, then no written notice has to be issued.

[Annoyed]

Exact or similar language needed? Pretty sure all I got was "unfortunately this is too serious to deal with by way of fixed penalty blah blah blah". Don't remember what was on the ticket/producer - would it have been on there?

[kevinday]

quote:
Exact or similar language needed? Pretty sure all I got was "unfortunately this is too serious to deal with by way of fixed penalty blah blah blah". Don't remember what was on the ticket/producer - would it have been on there?

Sounds like bad news to me

[madcop]

Exact. It has to be those words which are the same as on the written form.

Unlike the words of the caution which can be near but not exact.

[paulu]

Just got summons, I wrote back asking where the NIP is and gave them 7 days to let me know.

[JSG]

quote:
Just got summons, I wrote back asking where the NIP is and gave them 7 days to let me know.

As you said you were stopped for speeding, did you not get a verbal NIP at the time?

[paulu]

no verbal NIP just pressure to take SP30 which I refused and I have a witness to it, if they try that old chestnut I can defend myself on it.

>> Edited by paulu on Monday 2nd September 13:37