Road rules

speeding fines

I have just received a notice of intention to prosecution, for doing 43mph in a 30mph area.My questions is how many days have the enforcing area got to advise me of this?

I have been told it should be done within 14 days, the date of the offence was 10th June the date of the letter is 24th June and I received the letter on the 25th June which in my reconing is 15 days not including the date of the offence.

Any takers?

partridgega Fri 27/06/08 19:48

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Ethel
Fri 27/06/08
22:41

The date of the offence is not counted - so you received it bang in time.

"If you have not been given the notice within 14 days (ignoring the day of the offence) then they cannot proceed against you unless an exception applies (see below)."

http://www.lawontheweb.co.uk/crimertonip.htm

Golf38
Sat 28/06/08
20:24

They were cutting it fine, but yes, it still counts.

north star
Sun 29/06/08
14:23

have you still got the envelope? It must be delivered by 1st class post

partridgega
Sun 29/06/08
15:15

Question Author

I do have the envelope but no post date on it, the date of the NIP is dated 24th June, i have been digging deeper and found out that the Police have got a get out as the car is a company car and all docs would have been held with the company car administrator and this would give them reason to give them a get out althugh I would stiil say they could have found it out quicker than the time they took.

Looks like I cannot proceed with this line of defence?

north star
Mon 30/06/08
00:24

As you say the 14 day defence is a no-go.

You should be aware however that plod have 6 months from the alledge offence to lay information regarding a summons. At the moment YOU personally do not have a NIP as the piece of paper does not have your name on it but that of the RK who I assume will be the 'Company car administator'. His/Her NIP will have a S172 form to fill in stating it was you driving. He will have 28 days to supply this information. Ask him to delay doing this until near the end of the 28 days. After this you will then get your own NIP. Again you will have another 28 days to reply to your S172 request. All this means is that you have greatly eaten into the 6 months period and with a few admin delays on plods part it MAY timeout.
Another point - when you fill in the S172 request do it in the form of a letter rather than filling in the boxes on the form. This means that plod cant scan the document for processing but will have to do it manually. Make them work for a living and also gives them more of an opportunity to make mistakes.

Oh yes and remember in future - speed kills

north star
Mon 30/06/08
00:27

Or you could just pay the fine and move on.

How many points have you got at present?

Ice.Maiden
Mon 30/06/08
00:31

Sorry - why are you looking for a line of defence partridgega?
A 30 mph speed limit means you were in a built-up area. Those signs aren't put there for nothing. Admit the fault, and move on.

Ethel
Mon 30/06/08
00:31

Ah - the fact that is a company car puts an entirely different light on it.

It won't time out no matter how long you dawdle at it - those days are long gone.

Compostella
Tue 01/07/08
10:55

Ethel, I have to disagree

I managed to engineer 2 of mine to time out using exactly the same proceedures as North Star has described and I drive a company car.

On both occasions, the NIP reached me 2 months after the alleged offence which meant that I had to eek out just 4 months (easily done if you have many links in the chain and reply near the end of the 28 day period).

partridgega
Tue 01/07/08
18:41

Question Author

Thank you for all your advice, in answer to Ice Maiden, I am not a young inexperienced speed king I have checked out the area where I was alleged to have comitted the offence and although it has been classed as 30mph limit it is far from a built up area in fact there are no houses or buildings on this part of the road and I can honestly say I would have jugged it to have been a 40mph area, but such is life I should be more alert and feel this was an honest mistake.

In answer to North Star I did not have any points on my licence and am persuing the possoble option that the Welsh Police offer to take part in a traing day on speed to avoid the 3 points.

Thank you for your advice.

north star
Wed 02/07/08
13:43

43 in a 30 is I think too high to be offered a speed awareness course in lieu of points.

Be aware that the location of the '30' sign is not necessarily
where the 30 mph speed limit comes into legal force.

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