speeding fine

[tearinghair]

Is there a maximum length of time before notification?

[New Judge]

If a vehicle is detected exceeding the speed limit by a remote means (i.e. the driver is not stopped at the time of the alleged offence) then a Notice of Intended Prosecution (NIP) has to be sent to the registered keeper so that in normal circumstances it should be received within 14 days of the alleged offence. If the NIP is not received within this time it does not invalidate any further action, but the prosecution authority will have to show that the NIP was sent in time or, if not, why not.

[tearinghair]

Thank you, New Judge, that's very helpful. It was actually a hand-held device by a van, and the policeman using it looked down at the monitor as I passed, but there was no-one else there and I wasn't stopped. Doing about 36mph in a built-up area, and I'm mortified...... 50 years of driving and no points so far! That was a week ago so I guess I'll have to be patient a bit longer.

[sallybb]

Assuming that the van you were driving belongs to you and is not a Company van, then as New Judge points out it should be within to weeks. If a company vehicle then , the Notice is sent to the company, who would then give details of the driver. My Oh was caught by hand held camera driving Co. Car, it took 5 weeks before he received Notice.

[New Judge]

I think the van belonged to the police, sally.

[mccfluff]

it could be a compnay car

[EDDIE51]

tearinghair you may not have to worry, all car speedos deliberately read high to be 'on the safe side' as it were. So if your speedo was reading 36 you were doing less than that. In addition there is a margin of error allowed by the police before they prosecute, I think it is 10%, so in a 30 limit you have to be doing over 33 for it to be possible to be summoned.

[Everhelpful]

How come my Son-in-Law got done doing 32 in a 30 Limit,then,Eddie51? £60 fine.

[tearinghair]

It's a private car. Sorry, I should have said 'beside the van'. Still nothing in the post today, but I don't think I'd better relax just yet.
Many thanks for your replies.

[EDDIE51]

Everhelpfull I can only say your S I L was very unlucky, I would have queried it . Possibly the actual reading was about 35 but they only charged him for 32.
Mind you if it was the end of the month and the police officer needs a few more bookings to meet his/her quota they will charge you for anything.

[sallybb]

Its possible you may have the option to take a course, to avoid the fine

[ummmm]

Could be a speeding hotspot.

[New Judge]

I was not going to go into this but since the issue has been raised, guidelines issued by the Association of Chief Police Officers (ACPO) give two levels where action is taken. The first is where (usually) a fixed penalty is offered. This is set at the speed limit +10% = 2mph. So for a 30mph limit this is 35mph. The second is where the speed is so excessive that a fixed penalty is not deemed appropriate and a summons is issued. Where 30mph is the limit, this is 50mph. (The other figures for this second level is 66 (40), 76 (50), 86 (60) and 96 (70).

The reason that the first level is issued as a guideline is to avoid frivolous defences questioning the accuracy of the measuring equipment and so on. However a prosecution is still likely if the police are confident that a conviction can be secured even if the infringement is minor (which may help explain Everhelpful’s query).