Speeding ticket - whats the time limit?
 

Just received a speeding ticket through the post. Fair cop, not bothered about that - I probably was doing 85 in a 70 :rolleyes:

What I am wondering however is the legal standpoint on the time elapsed since the event. I was "done" by a van on the 29 Nov 2004. I received what I assume to be a "NIP" today, dated 1 Mar 2005. I thought there was a 14 day thing within which they had to notify of their intention to prosecute?

Is this the case?

Ta :)

Did they pull you over at the time?

No, this is the first of I've heard of it

Is the car registered in a companys name/lease company? Have you moved recently or anything like that?

Nope. Registered in my name, been in this house for about 3 years

Go to Pepipoo.com, there are a few posts around this with suitable letters to send back.

Whatever you do, keep the letter(NIP) and envelope with the postmark on.

Yes it is true, you should receive your NOIP within 14 days otherwise it is invalid.


However, if there is a problem with the post, ie, strikes etc, this will not be the case.

Christmas was in the way I guess but the date on the bottom of the letter is yesterday making me think they have only just got round to it.....

If the date on the letter is yesterday it could be that they have tried to send letters previously.

I thought that but if that were the case would this not be a reminder rather than an "intention to institute proceedings"?

They get 14 days including the day of the offence....
 

....if you received the ORIGINAL NIP outside of the 14 days, and you have not moved house, changed keeper dtails on the car, farted, blown your nose, etc then you may well be in the clear......send this letter SPECIAL DELIVERY

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

The Officer in charge of road safety cameras
Xxxxxxxxxxxx
Xxxxxxxxx
xxxxxxxxx



Dear Sir/Madam,

Cxxxxxxxxxxx - Notice of Intended Prosecution




I received your letter dated XX/XX/XXXX, the references for which are detailed above. I have enclosed a copy of the Notice sent to me recently, for ease of cross-reference.

You have written to me because I am the Registered Keeper of the vehicle mentioned in your Notice. My address is correct as per the details at DVLC, and the vehicle was not a Company car, and was neither hired nor borrowed.

No Officer spoke to me at the time of the alleged offence, and no accident took place. Also, no Police person has spoken with me at or near the time and place detailed in your Notice. The written Notice is the first indication from you of any intention to prosecute.

Your Notice details the alleged offence as xx:xxhrs on XX/XX/XXXX. The Notice is dated XX/XX/XXXX, and it came to me by post, received on XX/XX/XXXX. At the time of opening the mail item from you, I signed and dated the Notice in a space at the top of the page.

Including the day of the alleged offence, this was XYth day from the date detailed in your Notice.

After discussions with the RAC Legal Helpline, please note that the Notice cannot be acted upon as it is time-expired. For this Notice to have been valid, it ought to have been with me within 14 days of the alleged offence.

It was suggested I write back to you immediately with these comments.
I would be grateful if you could, by return acknowledge receipt of this letter with any comments you may have. Many thanks in advance for your consideration of this matter.



Yours sincerely





Mr X. Xxxxxxxxxx
Registered Keeper



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

Do not complete the S172, hang onto that for the time being.
PM me if you want to chat further

Surely if they'd sent the letter within the 14 days and you'd ignored it, by now you'd be receiving court summonses not an NIP so I'd think this was the first letter.

You should be able to wriggle out of this and rightly so too. If they expect you to adhere to the law it's the least they could do themselves.

Fight it.

Nice one, thank you Bottomfeeder, I'll send it off now. Do I just send them a photocopy of the NIP?

Yep, send them a copy of the NIP, NOT THE S172

I'm pretty certain that the NIP has to arrive within 14 days plus an allowance for normal postage. If you were not warned at the scene that you might be prosecuted and the car does not belong to someone else then you can plead not guilty.

Les

also keep us notified about how you get on

i got one 2 months later ha ha just put it in the bin that was 6 years ago nether heard a thing :)