A few weeks ago I passed a "safety" camera doing 40 which I thought was the speed limit for the road I was on (dual carriageway with central reservation and continuous barrier, this was not a piece of road which pedestrians would use to cross), i'm not making excuses here the limit was 30 and I got nabbed, had I known the limit was 30 then thats the speed I would have been doing as I saw the camera before I passed it.

My question is this?

According to section 172 of the road traffic act a notice of intended prosecution needs to have been sent within 14 days of the offence taking place.

I received mine 7 weeks after the offence took place, after many attempts I managed to speak to a jobsworth at "Strathclyde safety camera partnership" who informed me that one had been sent out to me within the 14 day period, no recorded delivery was used and I didnt receive it.

Has this happened to any of you guys? Did you fight it in court and did the case get thrown out because of it?

Thanks in advance

 

Hi

2 pieces of advice here mate, firstly, dont bite as there will be a 10+ page thread of abuse and lessons to follow lol

secondly, get yourself to thi website and take it from there, you will find all you need to know right here http://www.pepipoo.com/


cheers


john

 

^^ as John said

 

Yup, Pepipoo Don't fill in the NIP CLICKY

 

If you can say Yes to all these questions then you have good case and is worth fighting

Have you owned said vehicle for a long time (year or more)

Is the DVLA V5 doc address correct

Have you lived at same address for a year or more

Are you the registered keeper of the vehicle


Nicholson-v-Tapp [1972] case law to back up your argument

see pepipoo.com

 

You would have slowed to 30MPH if you knew it was 30??

So, I assume you also 'slowed' to 40 as thats what you thought the speed limit was.

Speeding is speeding - you were doing 40+ in a 30 and only slow down for cameras ....... I suggest you pay your money and slow down

How many people have ACTUALLY 'got off' a speeding fine rather than just talk about it????? Not many I would guess!!

Pete

 

i happen to know a certain person who has got an alledged offence thrown out.


there is a difference between alleged and simply getting off with it.


john

 

My NIP was sent out 38 days later, i went to court and WON

 

And how did you win?

Which Court and what time was the hearing?

Pete

 

What differance does it make to you Pete??

since when did you become the peoples crusader for legal issues. If there telling porkies so what!! . You spin bulls*it yourself, or is it the fact someone may have pulled off somthing you didnt!!!

I seem to recall you screaming blue murder and looking for every bit of

available spin to evade your potential NIP!!!. And when it didnt arrive you were just as bolshy in saying so.

stick to being a troll, its the only thing your good at

Mart

 

Why ?

 

Didn't want to put you to all the trouble of posting the technicalities here - a date and time of hearing + The Court name will suffice for me to extract the details myself ..................... I'm genuinely interested and I think everyone else is too!!

You can help everyone!!

Pete

 

For the non believers (Mr.Lewis)

https://www.scoobynet.com/dazza01-vs-crown-t340242.html

 

Well, I hope you learned your lesson and have slowed down now??

Have you been caught since then??

Pete

 

Oh yes

 

GOOD!!!!! And this time you paid and smiled??

Pete

 

Thanks guys for all of the tips, my doubts about the lagality of my nip have been confirmed.

And Pete no I hadn't slowed to 40, I was doing 40 because I thought that I was in a 40 limit, my fault for not looking at the roadsign, I'm generally very careful about where I put my foot down a bit and it's gererally on a quiet country road. I suppose thats the reason why up until now I've been able to drive for nineteen years without a speeding conviction.

 

19 years??

19 years??

try my 64 years!!!!

Good luck though!

Pete

 

More spin Pissy??? seem to recall you saying you were in your 70,s...

according to this statement would make you 81, rather old for a consultant, and certianly out of the loop with current developments. 17yrs past retirement, your current knowledge would be of little value. or is it another walter mitty statement

mart

 

I'm 78 and started driving at 14 .... as you could then!!

Pete

 

Still alive then

 

Bad luck mate, the same thing happened to my ex-boss. Apparently as long as they sent it out within the time its valid regardless of whenever you get it. However I dont see how it would stand in court unless they had a receipt to prove it had been sent...

Not that i'm saying it would work, (or that its politically correct before any one shouts at me!) but i'd try and avoid it as long as possible, i'm fairly sure theres a time limit for prosecution too. Anyway to cut a long story short, my ex-boss has 6+ outstanding tickets, never replied to them, called them to ask to go to court and theyve never bothered.... And that was over 2 years ago.

EDIT: followed the link above and found this:
6 Month Rule Explained - FightBack Forums

seems to suggest the time limit is 6 months to send it to CPS for prosecution.... Also there's a link on there saying about the 14 days. They have to give you a damn good reason if it didnt arrive in 14 days....

 

I got caught a few years back same sort of thing I thought is was a 40 but it was a 30 (only doing 34 at the time).

Lucky for me they offered me a £60 fine and speed awareness lessons.

 

This is not correct, the nip must be served within 14 days after the alleged offence. Nicholson V Tapp, is the case alw to back up this position.

If a nip is sent via registered post or better will be deemed to be served, irrespective of whether it is delivered or not. Most safety camera partnerships use first class post, which can be rebutted in court as to its service.


note your boss has been VVV lucky

Andy

 

Talking of Safety Partnerships, i took the time to have a look at the Lancashire Partnership for Road Safety website.

Lancashire Partnership for Road Safety

Just take a look at some of the answers on the Speeding and Safety Cameras FAQ's. Some of the answers are blatantly inaccurate and misleading.

Of course they are justifying their own existence.

Gits.