DOH! Just received a NIP through the post but its 19days since the alleged date!!!

 

Can't remember who was driving and they say they have photographic evidence.......

 

I remember a few others recently in similar situations....Chris C?

 

Can I deal with this myself or is it best to pay a lawyer to write on my behalf?

 

Thanks

 

Steve E

They have 14 days to tell you. Over that they cant charge you illegidly

http://www.speed-trap.co.uk/FAQ/FAQ.htm

 

These guys also think its 14 days plus a couple so call it 17.

 

Unless you were driving someone else's car.

 

Always best to check the facts and speak to a brief before taking on the boys in blue.

 

Good Luck - Gio

I got the NIP on time but then they only have something like 6 months to bring it to court which they were late with for me.

According to the law they have 14 days to inform the owner of the vehicle, if you are the owner of the vehicle and it took them 19 days then you do not have to fill it out by law.

 

Saying that i would send them a letter stating all the facts just to cover yourself, but you are within your rights to disregard it.

 

I know because i was driving a loan car recently and it took them 2 months to even contact the owners (LEX) all i had to do was find out the day they got the letter and the speeding ticket was dropped :D

 

Cheers

Kirbz

Thanks for the responses......

 

Can someone tell me......is the 14day rule based on working days (ie Mon to Fri only) or consecutive days from the alleged offence?

 

I have the one reference to "working days" but this isn't fully clarified on any "speeding searches" I've done.

 

Thanks

 

Steve E

The link I gave you above seems pretty clear. There is no mention of "working days". The 14 day limit is stated in the law itself - and it would be impossible to agree what "working days" means unless they specifically said what days. And they don't.

 

In the link above, they also have links to solicitors so why not give them a bell?

my dad's in the Police (arghhh), and he told me that they have fourteen days to produce notice, UNLESS they have valid reason for not being able to. e.g., as mentioned, driving someone elses car, or you have the wrong address registered with DVLA.

 

I think the fourteen day rule also allows 'subject to normal postal service' - so you should be ok at the moment!

 

HTH

 

RIch

Thanks Gio........just following that link through now ;)

 

Here's a link with an example notice......note the side comments referring to 14 working days from date of offence.

 

 

http://www.speed-trap.co.uk/Accused_Home/Rules_useage/The_Law.htm

 

Thanks for the help

 

cheers

 

Steve E

Blimey - you're right. I hadn't read that far before.

 

Given all the other references - and the real world example right at the bottom of that page - I guess they made a mistake.

 

Might be worth asking them or the legal eagles of the RAC or whatever breakdown you're with?

 

Good luck - Gio

From previous threads like this on 5ive-o, it is 14 days, not working days from the alleged offence. This does not include the date of the offence.

 

It has to be proved (by the police) that you could have received that letter within the 14 days, so if you were caught speeding on the 1st of the month, they have until the post on the 15th for you to receive it.

 

Personally I would first ask to see photographic evidence and then do nothing further. If they query it, simply cite the 14 day rule.

Hasn't there been a lot of press interest recently about filling in but not signing the docs when caught?

There is no legal obligation to sign, thats the law...........apparently.

Maybe this is a different scenario?

Just spoke to RAC legal department who have confirmed that a NIP need to be sent within 14 consecutive days and that they are therefore out of time.

 

Advice from them is to write a letter with a copy of the date stamped envelope requesting that that drop any further proceddings!!!

Originally posted by rogerpool

Hasn't there been a lot of press interest recently about filling in but not signing the docs when caught?

There is no legal obligation to sign, thats the law...........apparently.

Maybe this is a different scenario?

 

LOL!! sent mine back without signing it, they still sent my licence back with 3 points on & charged me £60!!

 

i think unless you want to take it further in court, which could prove even more costly, the "dont sign it trick" dont work!! :rolleyes:

Originally posted by Paul C

LOL!! sent mine back without signing it, they still sent my licence back with 3 points on & charged me £60!!

 

i think unless you want to take it further in court, which could prove even more costly, the "dont sign it trick" dont work!! :rolleyes:

So how did they get your licence in the first place? You didn't send it to them, did you? :rolleyes:

Originally posted by Paul C

i think unless you want to take it further in court, which could prove even more costly, the "dont sign it trick" dont work!! :rolleyes:

 

I think this will only work in court since the unsigned form is inadmissable as evidence - it must actually be thrown out by the court (rather than dropped by the police). However, there is a separate offence of failing to identify the driver, which would probably be pursued.

 

Also, the first case of this kind was related to the form being signed on someone's behalf (a footballer's agent iirc), and the court would probably take a very dim view if you purposefully 'negected' to sign the form...

 

I did read somewhere that it was decided that this was not a loophole which needed closing as it didn't apply to 99% of cases!

 

Richonly

Originally posted by Paul C

LOL!! sent mine back without signing it, they still sent my licence back with 3 points on & charged me £60!!

 

i think unless you want to take it further in court, which could prove even more costly, the "dont sign it trick" dont work!! :rolleyes:

 

 

Your licence has your signature on it, you filled in the form with your driving details...

 

That's all they need.

Just got a NIP myself and looked on this site which as a lot of advice on what to do:

 

I will probably pay up but add a note to the form saying that this infringes my right to silence and am paying under duress. If the court case is won I may be able to get the points and fine overturned.

 

http://www.abd.org.uk/righttosilence.htm#own