pslewis

So? they only do it to get some monety?? Whats that then?

Pete

micared

Pete....If you found what was written in my post difficult to read, I'd suggest either asking the school that you're the Governor of if they have room for one more in their English class, or sacking your optician. Either way, it won't stop you spouting rubbish, but at least you'll be wasting someone elses time and not ours.
Talking of being taken seriously, try addressing the point of the thread for a change. After all, it is on your favourite topic.

Leslie

Scoobyvirgin,

I think they also say that it is 14 days straight from the date of the offence plus a fair allowance for postage. This is what they give themselves for a bit of a let out.

In this case I would write a letter back saying only that you intend to plead not guilty since the NIP was outside the specified issue time. If they want to convict you "by numbers" then you are entitled to use the regulations to your own advantage too.

Ignore PSL, he has admitted that he himself has been speeding anyway!

Les

AdiM

It has to be sent so that it would get to you by 1st class post within 14 day of the alledged offence, not including the day of the offence. The 14 days includes weekends, bank holidays etc.

So, if it happened on the 1 of Jan, then it must be posted on the 14th of Jan, so that by normal 1st class post, you have it on the 15th ( i.e. 14 days after the event, not including the day of the offence ).

All this does not count if it's a company car or you have recently moved or bought the car etc.

------------------------------------------------

I had to send 2 letters but mine was cancelled, here's the 1st one :

Notice of Intended Prosecution – Notice served out of time

Dear Sir / Madam

Please find enclosed my completed Notice Of Intended Prosecution.

However, I would like to state the following :

As the date of the offence was the 27th of May 2004, then not counting that day, you have 14 days in which to serve the notice. In order for the notice to be correctly served, it must be done so that I should receive it within 14 days given the normal course of the postal service. Since you served the notice on the 10th of June 2004, by 1st Class Post, in the normal course of the postal service, it was not possible for me to receive the notice before the 11th of June 2004, which, not including the date of the offence, is 15 days.

Therefore, you have in fact served the notice out of time and it is therefore invalid. Given this, I request that you cancel the Notice of Intended Prosecution.

Yours faithfully

-----------------------------------------------------------------------------

And my 2nd letter after they told me they were within the law :

Notice of Intended Prosecution – Your letter 21/06/04

Dear Sir / Madam

Thank you for your letter dated the 21/06/04 replying to my letter of the 18/06/04 relating to the above Fixed Penalty Notice.

I have two points which I should like to bring to your attention :

Firstly, you state that under the Road Traffic Act 1988 that a Notice of Intended Prosecution must have left your office within 14 days of the alleged office. This is not correct. The notice must be serviced within 14 days, i.e. sent so that it must arrive with 14 days under the normal course of the postal service. Therefore, under the normal course of the postal service, it must have left your office with 13 days, allowing 1 day for it to be delivered.

I have taken expert legal advice on the above and have been advised that this matter has been proven several times under case law.

Secondly, you state the Notice was sent out on the 09/06/04. Again, this is not correct. The notice I received is clearly dated 10/06/04 and the envelope also dated 10/06/04.

As your records would therefore appear to have the date that you sent the notice as the 09/06/04 I have enclosed a copy of notice so that you can see for yourself the date was clearly the 10th, not the 9th. I also enclose a copy of the rear of the envelope, again clearly showing the date as the 10th.

Given my points above I again request that you cancel the above referenced notice.



Yours faithfully

--------------------------------------------------------

If they have issued it incorrectly then don't back down. The law is the law and it's not okay for plod to break it.

Adrian

pslewis

There you go again .... **** poor presentation

You won't get taken seriously unless you do as I say and present your posts like this.

Easy and simple to read ..... its not difficult (even for someone who drives a pink car!!)

Pete

Mice_Elf

I've been NIP'd twice for speeding - a 36mph in a 30 and 102mph in a 70. Both times were in company cars, so obviously I received the letter after the 14 days.

However, in the first instance the company also received the letter after 14 days, so I wrote back saying that the company received the NIP after the relevant time, so was null and void. I heard nothing back from that and as it was in February 2001, I think I'm in the clear....

The 2nd was within the time schedule for the company so I wrote back requesting photographic evidence. I was invited to view the evidence at Cambridgeshire police station. I replied stating that Cambs police station was over 100 miles from my usual place of residence and that I didn't feel the fuel costs would be worth driving there to view a photograph when it might not be me in the photo. (I wasn't sure at the time whether it was me or my other half who was driving.)

Again, silence reigned and the 6 month prosecution time ran out last October....


So it can and does work with very little fighting or effort.