pslewis

Hi all - when coming home from the Motorshow 20 days ago I was flashed by a speed camera on the M5 roadworks - speed limit was 40mph I think the car was doing about 48'ish.

Now I have heard that the cameras can flash with no film in - personally I cannot see why they would do that - but anyway.....my question is - has anyone ever got a NIP (Notice of Intended Prosecution) AFTER 14 days (and did you argue that it was late?)

I see that John Felstead says last year that you cannot be done of anything under 11 mph on a GATSO - I doubt that very much and his 'mate' the reserve coppa is having him on I reckon....so comments like that unless fact are of no help.

Just wondering if anyone has FIRST hand experience of the time a NIP takes to arrive and has anyone got away with it because it arrived late.

I have been to all the speed bible sites and such like but am interested in 'real life' events.

Also, and this could be interesting, I genuinely do NOT know who was driving at that point in time as the driving was shared ... interesting if they want to know who was driving and I cannot tell them without guessing (how about if I put the Chief Constables name down????) - now that would be FUN !!!!!

Pete

Nick

About 10 days for the NIP.

If you think the car was doing about 48ish when flashed, how can you not remember who was driving? If however you truthfully do not know, then you have a very strong chance of getting a prosecution thrown out - especially at only 8mph over.

pslewis

Well I was in the car at the time and saw the flash - debatable if I was driver or passenger - just remember a comment being made like, 'look at that 48 mph'!!!

Hope they can prove who was driving and help me out because I would really like to know - but they will know if they call someone to court surely?

pete

pslewis

Well I was in the car at the time and saw the flash - debatable if I was driver or passenger - just remember a comment being made like, 'look at that 48 mph'!!!

Hope they can prove who was driving and help me out because I would really like to know - but they will know if they call someone to court surely?

pete

logiclee

Pete,

Just to give you a little hope I have been flashed 3 times on the M5 in the last 2 years in Roadworks, each time Iv'e only been doing on or a few mph over the limit.
Have never received any NIP's

The 3rd time I'd even seen the camera and was doing bang on the speed limit and it still flashed me. They must have them set with no tolerence so may run out of film very quickly.

All M5 roadworks I've seen are 50 mph zones, where exactly were they?

Lee

pslewis

ooooops sorry all

See all over the place????

pete

pslewis

Cant remember exactly where they were - to the West of Birmingham?? and yes, amazing, on a Sunday morning empty road it was a 40mph!!!!

Thanks Logic

Pete

IWatkins

Drove back from Wolverhampton last night into the road works. They extend from the begining of the M5 for about 4 miles. Mostly on the elevated section (with the fun corners) and the whole thing was 40mph. Very difficult to do and quite a few of the cameras were flashing (but not at me ).

Saw Harry Hill in Wolverhampton. Funny bloke live as well as on TV

Cheers

Ian

pslewis

Harry Hill - is he funny then?? I thought he was just a moble Phone salesman

My humour comes from good 'ole Chubby Brown !!! looks like me, used to live near me, but is funnier!!

Pete

Mike123

Harry Hill - that story about the budgies was great........"What are the chances of that happening eh..?"

Stuart H

Section 1 of the Road Traffic Offenders Act 1988 states that the NIP must be sent to the registered keeper of the offending vehicle within 14 days of the commission of the offence. If the date on the NIP is any more than 14 days after the date of the alleged offence the case is a non-starter. However, if it arrives after the 14 day period but the date on the NIP is within the 14 day period you cannot argue that the prosecuting authority has not fulfilled their requirements under s1. Delays in the post do not count.

It normally takes between 7 and 10 days for the NIP to be processed & posted.

pslewis

20 days now do you reckon I'm away with it??

Thanks for all the info - cant wait for someone in England to say that he/she cant say who was driving and see what they do!!! we all know what happened it Scotland!!!

I reckon it would get dropped - they do not want a president (I know its not spelt correctly but cant find it!!)- but then the Americans cant find one either!!

pete

[This message has been edited by pslewis (edited 11 November 2000).]

IainT

It also depends on wether or not you're the registered keeper i.e: a company car or your own.
I got a NIP 6 weeks later and went about finding out wether that was legal and it turns out that if your not the registered keeper (mine was leased through PHH) then the police have a reasonable length of time to establish the registered driver through the lease company. Apparently 6 weeks is about normal.

Cheers
Iain

pslewis

oooooh Bollox - I changed my plate about 40 days ago - could they have an excuse then for taking longer??

Pete

PeteC

I got caught on the M6 in the summer, by a group in a white van with a laser gun, who were parked on a bridge with no access to the motorway. Whilst I wondered at the time, it wasn't until we got back from our holiday and found a NIP on the mat, that I knew for sure that they had been police.

Point is that whilst I thought I had probably been at the wheel at the time, it could possibly have been my wife, as we had shared the driving.

When I rang the Cheshire constabulary and said that I wasn't sure who was driving at the time, they were really helpful - they said "In that case, sir, we'll take both of you to court!"

I didn't actually put it to the test, but wonder what would have happened if we'd taken it to court.

Pete

DrEvil

When I got done from a bridge on the M4, by a mobile unit, it took 2 months for the NIP to come through...

Rgds, Alex

popeye

Having a spot of bother with the old grey matter again are we Pete? It is confusing when a speed camera flashes at you isn't it, and you think, "Blimey, am I driving the car? How can I tell?" Here's a tip which may help you. The basic rule is this: If you're sitting in the right-front of the car with a steering wheel and some dials and buttons in front of you, then you're driving the car. If you're in any other seat, then you're not. The good news is, AFAIK, mind-boggling questions like this aren't in the driving test, so if you ever lose your licence as a result of your speeding exploits, and you have to sit the test again, the examiner won't turn round and hit you with a stinker like "so who was driving the car then Pete, me or you?"

Hope this helps,

Best wishes.

pslewis

Pete

They MAY take both of you to court - BUT, and this is the whole point at which they fall flat on their face, they must PROVE beyond all reasonable doubt that YOU, or whoever, were driving at THAT time - pretty impossible unless they have photograohic evidence - making it clear who was driving .... WITHOUT enhancing the photograph (as that is tampering with the evidence!! and is inadmissable!!)

Also you will both be found not to hyave a charge to answer and can claim compensation as you told them that you were unaware of who was driving - they still proceeded with a case with no evidence.

DrEvil I thought that it had to be delivered by the 14 day deadline?

Popeye - try getting out more deary - you are a sad git who wants a smack - anytime you feel lucky let me know and we shall have a little settling of differences ... just book your hospital bed well in advance, ok??

Pete

Philip Attaway

Popeye: Hello Sailor!

stratman

Ouch!!...Popeye you must be quivering in yer boots after that verbal broadside.

I somehow dont think Pete shares the same sense of humour as the rest of us 'deary'.

Just as well you you didnt say the dreaded word GOLD

[This message has been edited by stratman (edited 14 November 2000).]

[This message has been edited by stratman (edited 14 November 2000).]