Speeding notification 44 days after the offence
Speeding notification 44 days after the offence
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stocky1

Original Poster:

203 posts

236 months

Tuesday 5th March 2019
quotequote all
Right then, today I've just been notified of a speeding offence in my works van that happened on 20.1.19 . 44 Days ago . Yes it was me and I remember the camera flash. I've no problem going on a course but I've recently read about Paddy Mcguiness and David Beckham getting away with the offence as they weren't told within 14 days ?? I certainly can't afford to hire Mr Loophole lawyer so do I just have to accept it ? Do any PH ers know anything about this type of scenario? Thanks in advance I appreciate any advice.

So

28,176 posts

252 months

Tuesday 5th March 2019
quotequote all
stocky1 said:
Right then, today I've just been notified of a speeding offence in my works van that happened on 20.1.19 . 44 Days ago . Yes it was me and I remember the camera flash. I've no problem going on a course but I've recently read about Paddy Mcguiness and David Beckham getting away with the offence as they weren't told within 14 days ?? I certainly can't afford to hire Mr Loophole lawyer so do I just have to accept it ? Do any PH ers know anything about this type of scenario? Thanks in advance I appreciate any advice.
Presumably you aren't the registered keeper of your work's van. So it doesn't apply.

TwigtheWonderkid

49,086 posts

180 months

Tuesday 5th March 2019
quotequote all
stocky1 said:
Right then, today I've just been notified of a speeding offence in my works van that happened on 20.1.19 . 44 Days ago . Yes it was me and I remember the camera flash. I've no problem going on a course but I've recently read about Paddy Mcguiness and David Beckham getting away with the offence as they weren't told within 14 days ?? I certainly can't afford to hire Mr Loophole lawyer so do I just have to accept it ? Do any PH ers know anything about this type of scenario? Thanks in advance I appreciate any advice.
You need to find out when the registered keeper received the NIP. Beckham got off because Bentley, who had supplied him with the car for promotional purposes, didn't get the NIP within the 14 days.

edthefed

827 posts

97 months

Tuesday 5th March 2019
quotequote all
NIP is required to be served on the registered keeper within 14 days...not the driver.

NIP to registered keeper normally includesca "requirement to provide drivers details"

If NIP was served on the registered keeper within 14 days then the offence of speeding does not become "statute barred" until 6 momths after date of offence

stocky1

Original Poster:

203 posts

236 months

Tuesday 5th March 2019
quotequote all
Ah I see now. You lot made it much clearer for me to understand ! Thanks very much for the answers I do appreciate them. I will try and find out if it was received within 14 days . Cheers everybody .

Edited by stocky1 on Tuesday 5th March 20:54

Dog Star

17,604 posts

198 months

Wednesday 6th March 2019
quotequote all
stocky1 said:
Ah I see now. You lot made it much clearer for me to understand ! Thanks very much for the answers I do appreciate them. I will try and find out if it was received within 14 days . Cheers everybody .
Good luck, Stocky1.
You'll get a load of people on here telling you to just pay the fine, "suck it up" etc etc - my arse! The law works both ways - if the NIP wasn't served to the RK within the 14 day limit then you're all good. Fingers crossed.

giantdefy

700 posts

143 months

Wednesday 6th March 2019
quotequote all
Dog Star said:
Good luck, Stocky1.
You'll get a load of people on here telling you to just pay the fine, "suck it up" etc etc - my arse! The law works both ways - if the NIP wasn't served to the RK within the 14 day limit then you're all good. Fingers crossed.
As a small note it is possible that your employer is also not the registered keeper if the van is leased so be sure to find out who received the first NIP as your's maybe the third (Lease Co., Employer, you)

BertBert

21,267 posts

241 months

Wednesday 6th March 2019
quotequote all
Dog Star said:
Good luck, Stocky1.
You'll get a load of people on here telling you to just pay the fine, "suck it up" etc etc - my arse! The law works both ways - if the NIP wasn't served to the RK within the 14 day limit then you're all good. Fingers crossed.
Yes, you are right, but... 'all good' for what exactly? To plead not guilty, engage a lawyer, persuade or force the RK to come and testify with evidence in court... spend a lot of money and time and risk being found guilty...?

Or think, it's only a SAC and I was actually speeding anyway?

Bert

Stoofa

959 posts

198 months

Wednesday 6th March 2019
quotequote all
TwigtheWonderkid said:
You need to find out when the registered keeper received the NIP. Beckham got off because Bentley, who had supplied him with the car for promotional purposes, didn't get the NIP within the 14 days.
Or Bentley, doing their high profile customer a favour, "forgot" to stamp it's arrival on the same day (Yer, we'll get around to it, must get that stamp re-inked), it got lost under that pile of paperwork, and wasn't stamped until a day or so later - completely by accident of course.

silverfoxcc

8,461 posts

175 months

Wednesday 6th March 2019
quotequote all
Stoofa

You will never get to heaven thinking that....


BertBert

21,267 posts

241 months

Wednesday 6th March 2019
quotequote all
Stoofa said:
TwigtheWonderkid said:
You need to find out when the registered keeper received the NIP. Beckham got off because Bentley, who had supplied him with the car for promotional purposes, didn't get the NIP within the 14 days.
Or Bentley, doing their high profile customer a favour, "forgot" to stamp it's arrival on the same day (Yer, we'll get around to it, must get that stamp re-inked), it got lost under that pile of paperwork, and wasn't stamped until a day or so later - completely by accident of course.
It's easy to say it (and I'm not saying I'm thinking differently), but going to Court and lying on oath is quite a big deal. Much easier to post about on a forum than actually do it!
Bert

PAULJ5555

3,554 posts

206 months

Wednesday 6th March 2019
quotequote all
TwigtheWonderkid said:
stocky1 said:
Right then, today I've just been notified of a speeding offence in my works van that happened on 20.1.19 . 44 Days ago . Yes it was me and I remember the camera flash. I've no problem going on a course but I've recently read about Paddy Mcguiness and David Beckham getting away with the offence as they weren't told within 14 days ?? I certainly can't afford to hire Mr Loophole lawyer so do I just have to accept it ? Do any PH ers know anything about this type of scenario? Thanks in advance I appreciate any advice.
You need to find out when the registered keeper received the NIP. Beckham got off because Bentley, who had supplied him with the car for promotional purposes, didn't get the NIP within the 14 days.
Am I right in saying its the date on the nip not the date stamped as received by Bentley.

Dont know why they post them out if the date is late, just lazy or chancing it.

Edited by PAULJ5555 on Wednesday 6th March 12:26

S11Steve

6,389 posts

214 months

Wednesday 6th March 2019
quotequote all
Stoofa said:
TwigtheWonderkid said:
You need to find out when the registered keeper received the NIP. Beckham got off because Bentley, who had supplied him with the car for promotional purposes, didn't get the NIP within the 14 days.
Or Bentley, doing their high profile customer a favour, "forgot" to stamp it's arrival on the same day (Yer, we'll get around to it, must get that stamp re-inked), it got lost under that pile of paperwork, and wasn't stamped until a day or so later - completely by accident of course.
It's actually very rare indeed for a NIP to be served late, and in regards to any conspiracy around high profile drivers of vehicles, it is simply unrealistic that the admin person in the post room will have a list of specific registrations being used by celebs, put any NIPs to one side for a few days before date-stamping and processing them. I also wonder how much post Bentley at Crewe receive each day - I doubt it's just a handful.

The only reason Beckham "got away" with it is because the letter was proven to have arrived late - printed on Friday 2nd Feb, likely not posted until Monday 5th, arrived and stamped on 7th - 1 day outside the 14 day limit.

Prizam

2,447 posts

171 months

Wednesday 6th March 2019
quotequote all
So, what happens if you are the registered keeper and you receive a NIP outside of the 14-day rule (Do weekends count?) When does the timer start?

Bin it? ignore it? write back to smokey saying "I'm the gingerbread man"?

- asking for a friend.

SS2.

14,712 posts

268 months

Wednesday 6th March 2019
quotequote all
Prizam said:
So, what happens if you are the registered keeper and you receive a NIP outside of the 14-day rule (Do weekends count?) When does the timer start?

Bin it? ignore it? write back to smokey saying "I'm the gingerbread man"?

- asking for a friend.
What are your friend's circumstances - new car, new house, s/he was away on holiday, etc ?

Yes, weekends count.

Date of alleged offence is Day 0. Clock starts ticking.

Don't bin or ignore it - the s.172 request needs a response, irrespective whether the NIP was served out of time.


S11Steve

6,389 posts

214 months

Wednesday 6th March 2019
quotequote all
Prizam said:
So, what happens if you are the registered keeper and you receive a NIP outside of the 14-day rule (Do weekends count?) When does the timer start?

Bin it? ignore it? write back to smokey saying "I'm the gingerbread man"?

- asking for a friend.
Your friend would need to be able to prove "beyond reasonable doubt" that it was served outside the 14 day period, which is pretty difficult to do in reality.
Mail coming into a post-room and being date-stamped is one way, and possibly the only way that I can think of.

As a private individual in that situation, I'd be inclined to "lawyer up" - https://www.blakemorgan.co.uk/training-knowledge/c...



anonymous-user

84 months

Wednesday 6th March 2019
quotequote all
S11Steve said:
It's actually very rare indeed for a NIP to be served late, and in regards to any conspiracy around high profile drivers of vehicles, it is simply unrealistic that the admin person in the post room will have a list of specific registrations being used by celebs, put any NIPs to one side for a few days before date-stamping and processing them. I also wonder how much post Bentley at Crewe receive each day - I doubt it's just a handful.

The only reason Beckham "got away" with it is because the letter was proven to have arrived late - printed on Friday 2nd Feb, likely not posted until Monday 5th, arrived and stamped on 7th - 1 day outside the 14 day limit.
I think the real reason Beckham got away with it is because he could afford to.

I’m always reminded of the old Don McLean ditty:

“And you won your case most easily and soon you will be free.
But there will be a million more who lose their liberty.
Not because of what they did, but what they did not do:
They did not pay a lawyer or a judge to see them through.
Why, they had no friends to call on and they could not raise their bail.
Well if winning is what matters, I respect the ones who fail“

Prizam

2,447 posts

171 months

Wednesday 6th March 2019
quotequote all
SS2. said:
What are your friend's circumstances - new car, new house, s/he was away on holiday, etc ?

Yes, weekends count.

Date of alleged offence is Day 0. Clock starts ticking.

Don't bin or ignore it - the s.172 request needs a response, irrespective whether the NIP was served out of time.
Car registered to the friend a few months before the "offence". Had the paperwork from DVLA back ages ago. No house moves or holidays.

Copper jumped out of a bush with a handheld gun, "pew pew" at the car as friend accelerated out of the 30 into the national limit a bit early. No other cars laying in wait to pull my friend over, so assume its a handheld gun with video.

Prizam

2,447 posts

171 months

Wednesday 6th March 2019
quotequote all
S11Steve said:
Your friend would need to be able to prove "beyond reasonable doubt" that it was served outside the 14 day period, which is pretty difficult to do in reality.
Mail coming into a post-room and being date-stamped is one way, and possibly the only way that I can think of.

As a private individual in that situation, I'd be inclined to "lawyer up" - https://www.blakemorgan.co.uk/training-knowledge/c...
Surely, the onus of proof that coppers are doing their job should be on the coppers? With say, some crazy invention like. Signed for delivery?

SS2.

14,712 posts

268 months

Wednesday 6th March 2019
quotequote all
Prizam said:
SS2. said:
What are your friend's circumstances - new car, new house, s/he was away on holiday, etc ?

Yes, weekends count.

Date of alleged offence is Day 0. Clock starts ticking.

Don't bin or ignore it - the s.172 request needs a response, irrespective whether the NIP was served out of time.
Car registered to the friend a few months before the "offence". Had the paperwork from DVLA back ages ago. No house moves or holidays.

Copper jumped out of a bush with a handheld gun, "pew pew" at the car as friend accelerated out of the 30 into the national limit a bit early. No other cars laying in wait to pull my friend over, so assume its a handheld gun with video.
How far outside of the 14 day window was the notice served ?

Could it be it was a reminder, rather than the original ?