Postal Dispute No Hiding Place for NIP delivery
The Postal Dispute gives the Crown Prosecution Service & speed camera partnerships no hiding place regarding NIP delivery
A Court decision (R v Gidden) has reinforced the precedent regarding the duty of care that the CPS & Speed Camera Partnerships must respect, regarding the delivery of NIPs (Notices of Intended Prosecution).
The verdict confirms that the CPS/Camera Partnership must ensure delivery of NIPs, for e.g., speed-related motoring offences, to registered keepers within 14 days of the alleged offence.
Industrial action, such as the current postal workers' intermittent strike actions, cannot be used as an excuse to extend this period beyond 14 days.
Those defendants/registered keepers who can demonstrate a failure on the part of the CPS/ Camera Partnership to effect NIP delivery within the 14-day period will be able to defend the allegation. Be careful though because if you know who was driving you still need to name the driver. A defective NIP is only a defence to the original offence and not a defence to failing to name the driver.
Those interested in, or potentially affected by, the above developments should contact Emma Patterson at Patterson Law solicitors:
Notes for Editors about the ABD