OT - NIP, Speeding etc.

Just had a phone call from the wife, who has recieved (I think) a NIP for an (alledged!) speeding offense on the M11.

Reading between the lines, I think she failed to grasp the concept of the average speed cameras.

Not condoning speeding, or trying to defend her in any way, but..

The (alledged!) incident took place on the 1st of May. I thought notification had to be within 14 days?

If the NIP is, as I suspect, 4 - 5 weeks beyond the deadline, do I just ignore it, send it back pointing out the deadline, or something else?

David

Reply to
rads
Loading thread data ...

Unless they've changed the law, which certainly isn't beyond this lot, then 14 days is required.

I've had the same in two situations quite a long time ago, and binned the NIPs, I received threats from the police about all the nasty things they'd do to me if they take me to court, but they never did as it wouldn't have been worth their trouble as they cocked up the issuing so badly. It also helped that all the situations were marginal, e.g. no traffic, high visibility, no entrances/exits onto the roads I was on, no people about, all that kind of thing.

I would just bin it, and start worrying if I got a summons. I've only ever been caught speeding four times over the course of my driving life and only coughed up once because the offence was in scotland, and a summons would have potentially meant a lengthy journey that would cost more than the fine.

I would also just like to issue a pre-emptive "sod off you brainless twerp" to the person who will inevitably reply in this thread that speeding is never right because it always kills children and cute fluffy bunnies with twinkly little noses.

Reply to
Ian Rawlings

Something else - consult a lawyer.

Reply to
William Tasso

The 14 days, refers to notification to the address of the registered keeper, so if it was a company car or a hire car then it may take much longer for the *driver* to receive the NIP, and it is still valid.

Regards Jeff

Reply to
Jeff

Nope.

Registered keeper. Correct address etc etc.

Since my first post, I have found Pepipoo has LOTS of info on this sort of thing.

Thanks all.

David

Reply to
rads

I was trying to think of something similar to ad to the original post, but don't have the eloquent dexterity with the English language you so masterfully demonstrate.

David

Reply to
rads

For speeding offences, yes they have - I think they allow up to six months!

Typical this government; eroding the fundamentals of our rights within the UK legal system to suit their own needs - especially when it comes to collecting money!

Matt

Reply to
Matthew Maddock

No, I was going to say that it frightens the cute fluffy bunnies away so it's hard to shoot them!

Stuart

Reply to
Srtgray

Got a link anywhere? Everything I can find still suggests 14 days, so long as there is no reason for police not to be able to track you down easily (company car, hire car, change of address etc etc).

David

Reply to
rads

Have a look here:

formatting link

lots of useful advice and information

Lizzy

Reply to
LizzyTaylor

I believe that the NIP has to arrive within 14 days but the offence has to be pressed within 6 months, this is from memory though. The 14 days NIP thing is because you have to have enough time to allow your memory to aid you in mounting a defence. I'd be stuffed after 1 day personally, can rarely remember where I was on any given day other than today ;-)

Indeed, it used to be the case that they had to prove that they'd delivered the NIP to the correct person, all they have to do now is to have a record of them stuffing it into the postal system.

Reply to
Ian Rawlings

*shoot* them? How terrible.

Personally I skin them alive and dip them in salt before eating them, I don't like the eyes so I pick them out with a cocktail stick..

Reply to
Ian Rawlings

It seems to me that just binning the letter is a bad idea, because it's your evidence that they didn't do the notification on time. But that's not a lawyer's opinion.

Reply to
David G. Bell

rads nearly made me spill my Shiraz on 20/06/2006 09:37 by writing:

Technically yes, but it won't necessarily get you off.

The official advice at this point is to consult a lawyer. But he'll charge you more than then fine, so unless you're facing a ban it's probably not worth it.

formatting link
makes interestingreading but dates back to 2003.
formatting link
might be useful, asmight the rest of that site. Also check out the advice in
formatting link
?showtopic=2845 and
formatting link
My personal advice is that for a first offence (3 points, 60 quid, and possibly 10% on your insurance for a year or two) it's probably easier to suck it up and pay it. If you're facing a ban, it's definitely worth a fight.

Drop me a mail off list (change spam to andy to reply) if you need any of this clarified, but remember I am not a lawyer.

Andy

Reply to
Andy Cunningham

On or around Tue, 20 Jun 2006 09:49:58 +0100, Ian Rawlings enlightened us thusly:

nice.

Reply to
Austin Shackles

"David G. Bell" uttered summat worrerz funny about:

Indeed - the key here (if you need one) is the post date on the envelope.

The 14 days is to ensure you are in a position to furnish the details... i.e. truck sideswipes a metro off the road, truck driver has no idea metro is flung in to nearby bush. NIP issued to ensure transport manager can pin down the relevant truck driver if you get the idea , thats the NIP logic in a nut shell.

If it's over 14 days when the NIP was SENT then it does not comply with the relevant legistlation. Your key bits are the envelope and any date on the literature. If for some reason there is any complication which means the police can not trace the driver then it gets all complicated but basically if the cars registered to home, which it sounds like it is then 14 days to SEND the NIP not for you to recieve it.

6 Months is the limitation of proceedings for certain motoring offences of which this is one (From the point of identifying the driver).

Hope that helps

Lee D

Reply to
Lee_D

Ahem.

Car still registered at old address.

14 day rule does not apply.

Its a fair cop guv.

David

Reply to
rads

Even so, it may well be worth checking out the place of the alleged offence. The signage must comply with the road traffic act and the police must supply you with the evidence of the offence otherwise they are likely to lose in court.

I saw a copper a couple of days ago with a speed gun in an area served by two signs, one of which was clearly outside the rta in as much as it was a sign on a grey background, and the other hidden behind bushes until you were about 20 yards from it. Well worth challenging under those circumstances.

I don't know why everbody feels the need to say I am not a lawyer, so I won't say it. TonyB

TonyB

Reply to
TonyB

MotorsForum website is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.