Caught twice in half an hour.
Discussion
My partner has just called me to say that she has been caught twice on the same mobile camera, hidden outside her work(a long way out of town) whilst she went to the bank at lunch time. both recorded at 36mph within 1/2 an hour of each other.(same camera in both directions)
whats her best plea. hands up she was over the 30mph limit (40mph 3 months previous) but going form 0 points to 6 is a bit harsh. any advice (please be gentle it's my first post)
whats her best plea. hands up she was over the 30mph limit (40mph 3 months previous) but going form 0 points to 6 is a bit harsh. any advice (please be gentle it's my first post)
EV05 FLY said:
My partner has just called me to say that she has been caught twice on the same mobile camera, hidden outside her work(a long way out of town) whilst she went to the bank at lunch time. both recorded at 36mph within 1/2 an hour of each other.(same camera in both directions)
whats her best plea. hands up she was over the 30mph limit (40mph 3 months previous) but going form 0 points to 6 is a bit harsh. any advice (please be gentle it's my first post)
Ach! whats her best plea. hands up she was over the 30mph limit (40mph 3 months previous) but going form 0 points to 6 is a bit harsh. any advice (please be gentle it's my first post)
She may be lucky if Lancs/Staffs as she get Speed Aware perhaps for one of them = three point if so. If offered Speed Aware course for one of these - she take it. In meantime - look at web sites for known hot spots. Set cruiser controller or GPS to warn of overspeed as well.
EV05 FLY said:
My partner has just called me to say that she has been caught twice on the same mobile camera, hidden outside her work(a long way out of town) whilst she went to the bank at lunch time. both recorded at 36mph within 1/2 an hour of each other.(same camera in both directions)
whats her best plea. hands up she was over the 30mph limit (40mph 3 months previous) but going form 0 points to 6 is a bit harsh. any advice (please be gentle it's my first post)
Are you for real?whats her best plea. hands up she was over the 30mph limit (40mph 3 months previous) but going form 0 points to 6 is a bit harsh. any advice (please be gentle it's my first post)
If she knows it was 36mph recorded...presumably she was stopped on both occasions? And after the first she failed to slow down / look on the 2nd occasion?
Should have gone to SpecSavers.
NugentS said:
EV05 FLY said:
She has just opened the letters today as it was a hidden camera from at least 2 weeks ago (thanks to royal mail)
At least two weeks - the time is important...Sean
jezzaaa said:
NugentS said:
EV05 FLY said:
She has just opened the letters today as it was a hidden camera from at least 2 weeks ago (thanks to royal mail)
At least two weeks - the time is important...Sean
But a NIP is only valid if served within 14 days and it is a defence to state that it was not received on time. The OPs wife will be able to stand up in Court and say that she did not respond to the NIP (assumming she is Registered Keeper) as it was not served in 2 weeks as required in law. The Bench may like to take into account there was a postal strike and this supports my case.
pies said:
"A notice sent by post must be dispatched so that it would reach the driver within the 14 days within the ordinary course of the post. If this is the case then it will have been deemed to have been served even if it is delivered outside the 14 day period."
I think that during a postal strike it would be fair to argue that it would not arrive in 14 days within the ordinary course of the post. I am also sure that people have got off on the grounds the Notice was not received.It is my understanding that a NIP (the first NIP in chain only) MUST be served within 14 days starting the day after the offence (I think).
The CPS will lie if it reaches court - but the defence is, I understand absolute, if the NIP is not served within 14 days (assuming there is no difficulty with the registered keepers details)
However - check with www.pepipoo.com
Sean
The CPS will lie if it reaches court - but the defence is, I understand absolute, if the NIP is not served within 14 days (assuming there is no difficulty with the registered keepers details)
However - check with www.pepipoo.com
Sean
Worth noting - Even if a NIP is deemed defective through late service (which would prove a bar to conviction of the alleged speeding offence), it does not absolve the recipient of their obligation to provide the driver's details in accordance with s.172 RTA 1988.
As such, ignoring a NIP which is considered to be defective could see the accused facing the separate charge of failing to providing driver details.
As such, ignoring a NIP which is considered to be defective could see the accused facing the separate charge of failing to providing driver details.
7db said:
I don't think a strike is ordinary for the post.
Not as such, but generally shyte service is.To the OP, my apologies if my first message seemed short...few too many trolls recently.
What is the date on the notices (the date of alleged offence), and what date were they received? Day 1 is the day after the alleged offence, I think, and the NIP has to arrive on or before day number 14 (including weekends, bank holidays and bar mitzvahs, Yom Kippur notwithstanding).
As already mentioned, pepipoo.com is full of standard responses to queries like this, and templates for letters telling the SCP's to shove it up their arse.
Still though, if she went past a camera twice without seeing it, perhaps sticking to the limit would be wise!?
Morning all.
The 14 day thing is that the police must send it within 14 days, not the recipient recieving it. The paperwork normally includes a computer generated form which shows the date of sending/posting or whatever, and I beleive the courts accept this form as proof of posting.
PS Sorry for your partner by the way, getting two NIPS at once must have come as a shock.
The 14 day thing is that the police must send it within 14 days, not the recipient recieving it. The paperwork normally includes a computer generated form which shows the date of sending/posting or whatever, and I beleive the courts accept this form as proof of posting.
PS Sorry for your partner by the way, getting two NIPS at once must have come as a shock.
Edited by Heebeegeetee on Wednesday 8th August 08:37
Heebeegeetee said:
The 14 day thing is that the police must send it within 14 days, not the recipient recieving it.
That's not what established case law, or indeed the Interpretation Act 1978 says..Interpretation Act 1978 said:
S.7 - Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expression "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.
Heebeegeetee said:
The paperwork normally includes a computer generated form which shows the date of sending/posting or whatever, and I beleive the courts accept this form as proof of posting.
Ah, but proof of (1st class) posting is not proof of service. It creates a presumption of service which, if the document was never received, is rebuttable.Heebeegeetee said:
The 14 day thing is that the police must send it within 14 days, not the recipient recieving it.
Thats definitely incorrect! It must be sent so that it should arrive by day 14. Day 1 is the day after the offence, and I believe these days it is assummed that first class post takes 2 days not one day. So generally a NIP needs to be posted on or before Day 12, except when Day 14 is a Sunday or Bank Holiday in which case it will have to be posted on before Day 11 or even Day 10. (If its still the case that 1st Class post is meant to arrive next day than add 1 day to the latest posting times!)Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff