Any legal types on here? NIP question.

[Imonster]

Not related to motoring offence, hence why it's here.

The alleged offence would be heard in a magistrates court.

I'm fairly sure that a summons should be issued within six months, but there is only an NIP so far.

As far as I'm aware, an NIP still has to reach the registered keeper of the vehicle within 14 days when related to motoring offences.

Does the same thing apply, if for example the NIP related to a railway bylaw? The person was cautioned at the time, but as far as they remember there was no verbal NIP given.

Any ideas?
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Those who make peaceful revolution impossible will make violent revolution inevitable.

[MattHirst]

Were they told they were being reported for X offence? If so, i believe that counts as a verbal NIP.

When i was pulled for speeding, he gave me the 'you have the right to remain silent...' speach and told me i was being reported for such and such offences.

Might be worth asking your imaginery friend (you ) what was said to them exactly.
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It's all fun and games until someone gets hurt, then it's bloody hilarious!!!

[Imonster]

There was no specification about what offence said person was being reported for. What they apparently did could have fallen under one of two sections.

The Revenue Protection Officer issuing the caution, did make mention of receiving "a letter" in "two weeks".

Cheers for the input


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Those who make peaceful revolution impossible will make violent revolution inevitable.

[.....]

If it's for fare bunking then this is what I did once - I wrote them a cheque, then after a while I cancelled it. Never heard from them again.

[chris-red]

What did you do?
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[Mister James]

NIP's only apply to certain traffic offences, speeding, dangerous driving and the like.

Sounds like you've (allegedly!) done something that wouldn't require one, so it doesn't really apply.

As Joe says, they're likely to pursue civil means first.

Anyone can give you 'The Caution' - a lot of people without statutory powers use it to add an air of authority. All it does is ensures that any admissions you make are admissible in court.

As you say, in general 6 months is the limit for summary offences. You've got a few more weeks before you can relax


Err, I mean your friend.
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>Soultrader Mister James, I bet you are a copper
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[Imonster]

So a letter from a train operating company with Notice of intention to prosecute emblazoned across the top, isn't the same "sort" of NIP as one you'd get if you were caught speeding?

I'm fairly chilled about the whole thing, in that out the the two offences they could have gone for, they seem to have gone for the lesser of two evils - the other option that they could have used, would probably have meant that I'd be screwed in the future - I'm a newbie law student

I should be able to settle the matter with them civilly, if not it's a strict liability offence and I'll have to plead guilty. Even if I can keep it out of court, which I'm hoping as it was a genuine error* and first offence, it will still probably cost me 100 quid in "administration" charges....

Was hoping to avoid this as their NIP didn't arrive for 21 days. Arse.

*30 years old, stone cold sober, wasn't trying to dodge a 2.60 fare ffs
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Those who make peaceful revolution impossible will make violent revolution inevitable.

[Kwaks]

You won't avoid this, but the effects can be minimised. Get onto CAG and read the many posts about it.
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