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Notice Of Intended Prosecution
Under Section 1 of the Road Traffic Offenders Act 1988 a person shall not be convicted of certain offences unless: -
- they were warned at the time of the offence of the possibility of prosecution
- within 14 days of the offence a summons for the offence was served upon them
- within 14 days of the offence a notice of intended prosecution was served on them or on the registered keeper.
The above represents a summary of the provision. The provision is designed to give the driver early notice that a charge may be pending. Thus giving the driver an opportunity to remember important facts about what may be a minor or trivial incident that that could otherwise be forgotten due to the passage of time.
Many issues arise out of the above provision. Your motoring solicitor will have a thorough knowledge of the provision, its exceptions and procedural requirements.
A Notice Of Intended Prosecution, and indeed a Summons, may look at first glance to have been served in time but may nevertheless be out of time. A Notice Of Intended Prosecution may not contain sufficient information to comply with the statutory requirements. The NIP may have on the face of the document an error which may render it invalid.
Instructing MJP solicitors will ensure that if an error or defect is present in your case it will be identified and acted upon. We have found that spotting an issue is only half of the battle; it is knowing how to use the point in the most effective way that proves crucial.
A successful challenge using this provision will bring about a discontinuance which will allow us to make a claim to the court for your legal fees to be reimbursed. Thus allowing you to be represented by a motoring solicitor free of charge.
You can speak to our solicitors on 0333 011 0515 for a free, non obligation consultation. Our services are available throughout the North West including Liverpool and Wirral.
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