Satisfy my aged mind

[TheDriverCom]

Nov 8th 2016 on M1 in temporary roadworks at 0530hrs doing over the posted limit, you know, the one to protect workers that are never there, let alone at that time of the day!

Today in the post NIP for 58mph.

Tell them to poke it where the speed camera won't flash?

TIA

[anonymous-user]

Yes, do that.

[750turbo]

bmw535i said:

Yes, do that.

Yes - Just what could go wrong...

[jamoor]

Where were the roadworks exactly?

[TheDriverCom]

jamoor said:

Where were the roadworks exactly?

On th M1.

[TheDriverCom]

750turbo said:

bmw535i said:

Yes, do that.

Yes - Just what could go wrong...

So are you saying the 14 day rule doesn't apply?

[jamoor]

TheDriverCom said:

On th M1.

I can see that, hence why I asked "exactly"

[JM]

Was there any evidence of works being done?

Vehicles, surface dug up, office cabins/toilets etc, materials or waste in the closed lane?

[TheDriverCom]

JM said:

Was there any evidence of works being done?

Vehicles, surface dug up, office cabins/toilets etc, materials or waste in the closed lane?

Maybe, but that's not really important, I have always been under the impression that the rule was the NIP had to be posted within 14 days of the offence regardless of where the alleged offence took place.

[CoolHands]

What vehicle were you driving?

[JM]

TheDriverCom said:

JM said:

Was there any evidence of works being done?

Vehicles, surface dug up, office cabins/toilets etc, materials or waste in the closed lane?

Maybe, but that's not really important, I have always been under the impression that the rule was the NIP had to be posted within 14 days of the offence regardless of where the alleged offence took place.

Sorry, I thought you had issues with a reduced speed limit in roadworks with nobody seen to be working, rather than the time frame of sending out the NIP.

Was it a company car or hire car?

[TheDriverCom]

CoolHands said:

What vehicle were you driving?

Black Audi A8L with grey leather, Pirelli tyres, 24 litres of fuel in it, listening to radio 2 with heated seats on ambient temperature...FFS should have just googled it!

[anonymous-user]

TheDriverCom said:

Black Audi A8L with grey leather, Pirelli tyres, 24 litres of fuel in it, listening to radio 2 with heated seats on ambient temperature...FFS should have just googled it!

So was the initial letter posted to the registered keeper within 14 days or not?

[TheDriverCom]

TheDriverCom said:

Nov 8th 2016 on M1 in temporary roadworks at 0530hrs etc....

Today in the post NIP for 58mph.



TIA

[anonymous-user]

TheDriverCom said:

So if you are the registered keeper and there is no other reason for the NIP to be delayed you are home free.

[TheDriverCom]

desolate said:

So if you are the registered keeper and there is no other reason for the NIP to be delayed you are home free.

Brilliant, thanks just as I thought.

Oh and it was not Radio 2, was Kisstory hence the speed 😀

[Red Devil]

TheDriverCom said:

Maybe, but that's not really important, I have always been under the impression that the rule was the NIP had to be posted within 14 days of the offence regardless of where the alleged offence took place.

No.

The legislation clearly stipulates that it must be served on the addressee within 14 days.
See Gidden v Chief Constable of Humberside - http://www.bailii.org/ew/cases/EWHC/Admin/2009/292...
In other words it must arrive at the address within that time frame.
All you need to know is contained in paragraphs 5-11 of the judgement

The issue here is rebuttable assumption. The crux will be proving it is late.
Gidden was lucky as he had an unimpeachable third party witness. His postie.

It needed the High Court to lay down the law for the mags and County Court judges.

The OP is not guaranteed to be home free yet.
I wouldn't put it past the police/SCP/CTO to claim it's not the original NIP.
And that they sent that one out in good time.

In any event it is likely that there will still be the S.172 issue to deal with.
That is separate matter from any speeding allegation.

[anonymous-user]

TheDriverCom said:

750turbo said:

bmw535i said:

Yes, do that.

Yes - Just what could go wrong...

So are you saying the 14 day rule doesn't apply?

Nah, just ignore it. I mean it's not like you need to appeal it or anything.

[JonV8V]

TheDriverCom said:

..FFS should have just googled it!

I wish more people did. It seems easier to write an essay about how speed limits are wrong and bury a question in their somewhere and then get pissed off by people responding thinking you were looking to claim the speed limit was inappropriate rather than the time taken to deliver the nip. I blame the teachers. Not for the road works for the avoidance of doubt.

[mygoldfishbowl]

TheDriverCom said:

Nov 8th 2016 on M1 in temporary roadworks at 0530hrs doing over the posted limit, you know, the one to protect workers that are never there, let alone at that time of the day!

Today in the post NIP for 58mph.

Tell them to poke it where the speed camera won't flash?

TIA

Reduced limits are not only there to protect workers.