no ones asked yet... were you speeding?
i can't reallly remember what i was doing last week never mind last month on the way to work. i do know there are, and never were any signs down there re speed cameras.
speeding fines
- Thread starter arc
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speeding fines
i can't reallly remember what i was doing last week never mind last month on the way to work. i do know there are, and never were any signs down there re speed cameras.
Not all areas are part of the safety camera partnership:
http://www.dft.gov.uk/stellent/groups/dft_rdsafety/documents/page/dft_rdsafety_507640.hcsp
http://www.dft.gov.uk/stellent/groups/dft_rdsafety/documents/page/dft_rdsafety_507640.hcsp
Comment re: signs, it's not a guideline (or requirement?) unless you're part of the safety camera partnership as far as I am aware. Trouble is on your average drive you pass so many cameras signs that you tend to ignore them like most signs at the side of the road that seem unnecessary.
Typically with the vans they put the signs out of the back resting on the bumper, they only need to be temporary and are obviously easily missed.
Typically with the vans they put the signs out of the back resting on the bumper, they only need to be temporary and are obviously easily missed.
Arc Just for your info.....
As already stated if a verbal NIP is given by an officer at the time that will suffice. If NOT an NIP must be issued within 14 days in writing and sent to the registered keeper of the vehicle. Those details will be taken from the PNC as recorded by DVLA. After the 14 days have passed a prosecution cannot be proceded with.
There is a defence to this if the NIP is sent to the address in good faith. i.e a company car or hire car where the NIP is sent to the owner's address and not the driver or keeper. As long as your car is registered to your address it will be outside that time period.
You will have to find out if it was sent elsewhere, but very much doubt it will have been sent to the address on your licence. What is the date on the NIP?
Finally the 6 mth rule for those confused is for any motoring offence in which you have been reported. It has to be dealt with i.e first court appearance within 6 mths if it is outside this time the prosecution will be cancelled. There are exceptions to this, such as death by dangerous driving, Drink drive as these are recordable offences and there is no time limit.
As already stated if a verbal NIP is given by an officer at the time that will suffice. If NOT an NIP must be issued within 14 days in writing and sent to the registered keeper of the vehicle. Those details will be taken from the PNC as recorded by DVLA. After the 14 days have passed a prosecution cannot be proceded with.
There is a defence to this if the NIP is sent to the address in good faith. i.e a company car or hire car where the NIP is sent to the owner's address and not the driver or keeper. As long as your car is registered to your address it will be outside that time period.
You will have to find out if it was sent elsewhere, but very much doubt it will have been sent to the address on your licence. What is the date on the NIP?
Finally the 6 mth rule for those confused is for any motoring offence in which you have been reported. It has to be dealt with i.e first court appearance within 6 mths if it is outside this time the prosecution will be cancelled. There are exceptions to this, such as death by dangerous driving, Drink drive as these are recordable offences and there is no time limit.
problem is
my V5 wasnt updated until 14 days after the alledged offence. so it is reasonable i guess to assume they sent it to the old address, and it was returned, and its taken until now for them to get it back, recheck the details and send it to my new address.
my V5 wasnt updated until 14 days after the alledged offence. so it is reasonable i guess to assume they sent it to the old address, and it was returned, and its taken until now for them to get it back, recheck the details and send it to my new address.
Just confirm that is the case if not your OK, if it is I'm affraid you're screwed. Of course that also depends if you were speeding?
Alan D, also is not the keyword in what you said about the 14 day rule being "issued" and not actually received?
In other words, if the NIP is issued within 14 days then he has had it. Doesn't matter when Mr Postie delivers it.
If they issue it 15 days after the offence then he gets off?
In other words, if the NIP is issued within 14 days then he has had it. Doesn't matter when Mr Postie delivers it.
If they issue it 15 days after the offence then he gets off?
Yes that is correct as long as they can prove it was sent (issued) within the 14 days, apologies for not making that clear. Although thinking about that again? Hang on and I'll phone our traffic dept.
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OK the exact wording is it has to be served within 14 days, and by served it means it has to be received by the person that offence pertains to. sorry for the confusion.
So if there is a postal delay and the person doesn't receive it within 14 days he gets off?
I am fairly sure that is incorrect.
Just pestered a friend of mine who has his own practice, and he directed me to his website (in his scotch induced haze )
http://www.leeds-solicitors.com/advice.html
As I thought, a postal delay has no bearing on the time frame. The proof of sending out the NIP is the bit that is important. So it is by SENDING it within 14 days. Not receipt by the intended party can be any (reasonable) amount of time.
arc, this site should clear up any doubts.
)http://www.leeds-solicitors.com/advice.html
As I thought, a postal delay has no bearing on the time frame. The proof of sending out the NIP is the bit that is important. So it is by SENDING it within 14 days. Not receipt by the intended party can be any (reasonable) amount of time.
arc, this site should clear up any doubts.
Just checked & double checked and the official legal term is served, it can't be served unless it has been received. They are normally sent the same or next day of the offence but doesn't appear to be so in this case.
The advice from the solicitors isn't the official legal document & wording but a guide. I would certainly fight it on the first instance under those circumstances. Unless it has been sent to Arc's other address first. or the date on the NIP was well within the 14 days.
:yeahthat: As with anything on the internet, or from lay people.
The best thing before you do ANYTHING, is to seek proper, official legal advice, from a solicitor.
