Does the 2 week NIP rule still apply?
Discussion
I have tried searching and googling with mixed results.
Can anyone catergorically confirm whether the two week rule still applies to normal speeding fines from a camera van?
Trying to figure out when I can stop worrying :-(
My sister claims to have received a ticket over 3 weeks after the offence 10 years ago.
I've never had one in 16+ years and worry I may have been caught in the slowest vehicle on the road.
Can anyone catergorically confirm whether the two week rule still applies to normal speeding fines from a camera van?
Trying to figure out when I can stop worrying :-(
My sister claims to have received a ticket over 3 weeks after the offence 10 years ago.
I've never had one in 16+ years and worry I may have been caught in the slowest vehicle on the road.
Established conclusively in the High Court.
See Gidden v Chief Constable of Humberside
http://news.bbc.co.uk/1/hi/england/south_yorkshire...
http://www.bailii.org/ew/cases/EWHC/Admin/2009/292...
It would still be necessary to rebut the delivery presumption though.
Peter Gidden was able to do so sucessfully as his postie was a witness.
The whole saga on here.
http://www.pistonheads.com/gassing/topic.asp?h=0&a... - loss
http://www.pistonheads.com/gassing/topic.asp?h=0&a... - loss
http//www.pistonheads.com/gassing/topic.asp?h=0&am... - WIN!
All of the above assumes there is no issue with the V5C. Problem areas are:
Hired/leased cars which are registered to another party: the 14 day rule only applies to the original NIP.
Where the owner/RK has failed to inform the DVLA of a change of address.
See Gidden v Chief Constable of Humberside
http://news.bbc.co.uk/1/hi/england/south_yorkshire...
http://www.bailii.org/ew/cases/EWHC/Admin/2009/292...
It would still be necessary to rebut the delivery presumption though.
Peter Gidden was able to do so sucessfully as his postie was a witness.
The whole saga on here.
http://www.pistonheads.com/gassing/topic.asp?h=0&a... - loss
http://www.pistonheads.com/gassing/topic.asp?h=0&a... - loss
http//www.pistonheads.com/gassing/topic.asp?h=0&am... - WIN!
All of the above assumes there is no issue with the V5C. Problem areas are:
Hired/leased cars which are registered to another party: the 14 day rule only applies to the original NIP.
Where the owner/RK has failed to inform the DVLA of a change of address.
Its also worth adding that regardless if you are the RK or not, they need to try to do you within 6 months for the vast majority of motoring offences. However, given that you were potentially caught on a camera, they need to let you know about it within 2 weeks (plus postage time) if you are the RK.
Most likely scenario is that you'll be offered an educational course (depending on your speed of course) with no points.
If I was in your shoes, I'd forget about it if I haven't heard anything by the 14th.
Most likely scenario is that you'll be offered an educational course (depending on your speed of course) with no points.
If I was in your shoes, I'd forget about it if I haven't heard anything by the 14th.
sonnenschein3000 said:
However, given that you were potentially caught on a camera, they need to let you know about it within 2 weeks (plus postage time) if you are the RK.
Incorrect - it's 14 days inclusive of postage time. For notices served by 1st class post, this is deemed to be 2 business days.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff