'Gatsoed' Advice please.
Discussion
My employers have received an NIP from Northants Police relating to a new car I was delivering.
On a dual-carriageway (normally 70mph) there was a lane coned off for several miles. No sign of any workmen, broad daylight, good visibility but a temporary 40mph limit.
A temporary Gatso (in a van - which I saw) clocked me - and all the cars in front and behind, presumably - at 50mph. Poor judgement on my part, I admit, but 2-3 mph less and I doubt there'd have been a problem.
I know nobody likes getting caught, but I'm usually so careful and I really feel this is an 'unfair cop'.
The offence was on 14th Apr and the NIP is dated 20th May.
I understand that the relevant Road Traffic Act requires them to serve notice within 14 days.
However, they are allowed some slack to establish the vehicle's ownership.
This was a brand new car - taxed that very day.
Is it reasonable that they took 3 weeks to discover who it was registered to?
I'd be grateful for any advice.
On a dual-carriageway (normally 70mph) there was a lane coned off for several miles. No sign of any workmen, broad daylight, good visibility but a temporary 40mph limit.
A temporary Gatso (in a van - which I saw) clocked me - and all the cars in front and behind, presumably - at 50mph. Poor judgement on my part, I admit, but 2-3 mph less and I doubt there'd have been a problem.
I know nobody likes getting caught, but I'm usually so careful and I really feel this is an 'unfair cop'.
The offence was on 14th Apr and the NIP is dated 20th May.
I understand that the relevant Road Traffic Act requires them to serve notice within 14 days.
However, they are allowed some slack to establish the vehicle's ownership.
This was a brand new car - taxed that very day.
Is it reasonable that they took 3 weeks to discover who it was registered to?
I'd be grateful for any advice.
Was this was on the A45 towards Rushden, in the roadworks just outside Wellingborough? Were you caught by a Laser Van? IF it is what i'm thinking of, its something that has been in the local paper a lot. They were doing roadworks there and people were getting caught left right and centre! They reduced traffic down to one lane and 40mph and everyone broke the limit and all got lasered. They caught hundreds of people.. 
From what I remember when I went through there, they did have all the warning/speed limit signs up..
Yeah if the vehicle doesn’t have you as the owner, then they have longer than 14 days to establish the driver. This would apply particularly if the vehicle was under the companies name at the time.
>> Edited by llamekcuf on Saturday 7th June 12:36
From what I remember when I went through there, they did have all the warning/speed limit signs up..
Yeah if the vehicle doesn’t have you as the owner, then they have longer than 14 days to establish the driver. This would apply particularly if the vehicle was under the companies name at the time.
>> Edited by llamekcuf on Saturday 7th June 12:36
If the NIP is served on the registered keeper within 14 days after the date of the offence, then it is valid.
The fact the vehicle is not registered to you means that the registered keeper has fulfilled the obligation to name the driver via the Section 172 notice.
The police have then, on receipt of this information sent one to you. This is within the rules unless you can prove otherwise. You are entitled to disclosure of all the documentary evidence if you decide to contest the facts by pleading not guilty
The fact the vehicle is not registered to you means that the registered keeper has fulfilled the obligation to name the driver via the Section 172 notice.
The police have then, on receipt of this information sent one to you. This is within the rules unless you can prove otherwise. You are entitled to disclosure of all the documentary evidence if you decide to contest the facts by pleading not guilty
Yes, it was the A45 towards Rushden.
I haven't been identified as the driver yet - it's taken them 5 weeks to serve the NIP on my employer.
As the car was registered that day I guess it would have been a while before DVLA records were up to date.
The next step is for my employer to return the form identifying the driver (or ticking a box for driver unidentified).
Should I just admit it and take the consequences?
If not, how should I proceed?
I haven't been identified as the driver yet - it's taken them 5 weeks to serve the NIP on my employer.
As the car was registered that day I guess it would have been a while before DVLA records were up to date.
The next step is for my employer to return the form identifying the driver (or ticking a box for driver unidentified).
Should I just admit it and take the consequences?
If not, how should I proceed?
Take a look at this ABD local site for Northamptonshire
Talivans are operating in the roadworks on the A45 at Rushden!
They recently caught 520 drivers in three hours — that's £10,400 per hour
Northamptonshire Police continue to treat the people of Northamptonshire like idiots by continuing the claims about the 'success' of speed cameras. Their website proudly states:
"The number of people killed and seriously injured on Northamptonshire’s roads has dropped by 31%"
Sounds good doesn't it?
Until you find out that they are using the killed and seriously injured ('KSI') figures to hide the fact that
fatal accidents in Northamptonshire
increased by 35% in 2002.
Talivans are operating in the roadworks on the A45 at Rushden!
They recently caught 520 drivers in three hours — that's £10,400 per hour
Northamptonshire Police continue to treat the people of Northamptonshire like idiots by continuing the claims about the 'success' of speed cameras. Their website proudly states:
"The number of people killed and seriously injured on Northamptonshire’s roads has dropped by 31%"
Sounds good doesn't it?
Until you find out that they are using the killed and seriously injured ('KSI') figures to hide the fact that
fatal accidents in Northamptonshire
increased by 35% in 2002.
reardrive said: Yes, it was the A45 towards Rushden.
I haven't been identified as the driver yet - it's taken them 5 weeks to serve the NIP on my employer.
As the car was registered that day I guess it would have been a while before DVLA records were up to date.
The next step is for my employer to return the form identifying the driver (or ticking a box for driver unidentified).
Should I just admit it and take the consequences?
If not, how should I proceed?
So it sounds like this initial NIP is outside the 14 days to post the NIP timeframe which means too late for them. Not sure how you respond to that though - ignore or a letter saying this.
Get caught in a brand new car and it takes them a day or two longer to get the owner details from the DVLA putting the NIP past 14 days ... oh dear ;-)
You say it has taken 5 weeks to serve NIP on your employers. If the first NIP is not served within the required 14 days, then it is out of time. I suggest that you contact your employers and ask to see the original and its date and the envelope it was sent in to get the date from the post mark. If it was not posted within the 14 day period to the employers, then it is not valid.
Thanks Trefor & Madcop, begins to sound promising.
The dates are quite clear, Offence: 14th Apr,
NIP: 20th May.
I'm just worried that, because it was a new car, they can justify extra time to obtain details.
If not then it looks like the inefficiency of the DVLA, or perhaps the workload of Northants Police (they nicked hundreds there that day) has worked in my favour.
The dates are quite clear, Offence: 14th Apr,
NIP: 20th May.
I'm just worried that, because it was a new car, they can justify extra time to obtain details.
If not then it looks like the inefficiency of the DVLA, or perhaps the workload of Northants Police (they nicked hundreds there that day) has worked in my favour.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff