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Fixed penalty enquiry??

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Old 16 June 2007, 11:59 AM
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petop
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Default Fixed penalty enquiry??

Just been served with a Notice of Intended Prosecution (speeding!), the original offence was committed on the 19 Apr 07, but only today, 16th June have i been issued the Notice. It says that the Notice, by law has to be served within 14 days of the offence, which by this time exceeds 14 days.
Does anyone know whether i still have to pay the fine?? Iam the registered keeper and all my documents are in order so there should of been no problem the Police/DVLA serving the notice in time.
Cheers for any help.
Old 16 June 2007, 12:23 PM
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340BHP-WRX
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As far as i'm aware you have to receive the NIP within 14 days otherwise you cannot be prosecuted.

I'm unsure what you need to do exactly but I wouldn't be paying any fines !

Someone on here will probably be able to explain what you should do better than me
Old 16 June 2007, 12:30 PM
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DCI Gene Hunt
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Have a look through this older SN thread fella >> Click here <<

Its the same as yours and may be able to assist in answering your questions.

DCI
Old 16 June 2007, 12:36 PM
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gazza-uk
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Originally Posted by petop
Just been served with a Notice of Intended Prosecution (speeding!), the original offence was committed on the 19 Apr 07, but only today, 16th June have i been issued the Notice. It says that the Notice, by law has to be served within 14 days of the offence, which by this time exceeds 14 days.
Does anyone know whether i still have to pay the fine?? Iam the registered keeper and all my documents are in order so there should of been no problem the Police/DVLA serving the notice in time.
Cheers for any help.

time out
Old 16 June 2007, 12:43 PM
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andy97
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If you are the RK, not recently bought this vehicle and have not moved house again, recently, then if your DVLA records are correct. The NIP must be served on the RK within 14 days-(see RTOA 1988, road traffic offenders act)

There is still an obligation to name the driver at the time of the alleged offence, or you might be charged with failing to furnish driver details.

goto www.peppipo.com

You need to inform the police that the nip wasnt served properly within the timescales, but also supply the driver ID. This will give you credibility when the police try and drag you into court. There is case law to back up your position in court.
Old 17 June 2007, 01:23 AM
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cossie01
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What is the date on the letter ?

By law they have to issue the NIP and send it out within 14days.

If you don't get it at all, or it takes ages to arrive, then thats your problem not theres apparently.
Old 17 June 2007, 01:37 AM
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gazza-uk
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Originally Posted by cossie01
What is the date on the letter ?

By law they have to issue the NIP and send it out within 14days.

If you don't get it at all, or it takes ages to arrive, then thats your problem not theres apparently.
the 14 days is to give them reasonable time to contact you, if the post mark is after the 14 days, then its a timeout....
Old 17 June 2007, 01:39 AM
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cossie01
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Originally Posted by gazza-uk
the 14 days is to give them reasonable time to contact you, if the post mark is after the 14 days, then its a timeout....
Hense me asking the date on the letter, sorry should have said post mark as well tho
Old 17 June 2007, 01:55 AM
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gazza-uk
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Originally Posted by cossie01
Hense me asking the date on the letter, sorry should have said post mark as well tho
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