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PostPosted: Wed Jul 12, 2006 10:50 
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I'm new to this, so apologies if I appear ignorant ! :stupidme: I am trying to find out how to calculate a "time out" date ? Have tried searching, but seem to be going round in circles & the PC is playing up, so thought it would be quicker to post a query...

If say, for instance, the "offence" date of an alleged Speeding offence, is 1.3.06, but it was a "Company" vehicle & you don't receive the NIP until 1.7.06, when would it "time out" for S-172 purposes ?

Would it be 6 months + 28 days from 1.3.06 ? OR 6 months + 28 days from 1.7.06 ?

Can anyone please help :?:
Thank you


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PostPosted: Wed Jul 12, 2006 11:15 
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My understanding is that if a s172 notice is not replied to then the offence is committed the day that the 28 day period elapses.

So if you received a s172 request on the 1.7.06 and (say) ignored it, then you would be deemed to have committed an offence when it elapsed, ie on the 28.7.06 and therefore any prosecution would need to have papers laid at the court by 28.01.07

Note that the critical thing is the papers being forwarded to the court for prosecution - you don't have to go to court or even actually receive the summons within the 6 month period, as long as the information has been passed to the court.

Also note that in a case such as a company vehicle where there might be a "chain" of section 172 notices each one has a date of issue and therefore its own date of expiry and timeout for prosecution if unanswered.

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