Max Time before Speed Camera Penalty

[sprior]

Just found a speed camera letter for 41 in a 30 in my pile of mail.

Letter is dated Apr 6, incident was 12 Dec.

Is there a max allowable period before being notified of intended prosecution?

[kevinday]

Yes. If you are the registered keeper and have not moved in the intervening time, the NIP may well be out of time. DO NOT throw away the envelope, check the post date on the envelope and the date of the NIP. If either are later than 14 days from the date of the alledged offence you are home free. Send them a nice letter telling them they are 'out of time'. If you are not the registered keeper or have moved then it is probably a case of 'tough luck'. The original NIP must be sent to the current recorded address of the registered keeper, therefore if you have moved or are not the registered keeper the time of 14 days does not apply.

[jamescarter1981]

The above comment is right, if the NIP is NOT sent to you within 14 days of the offence, it's not valid (I'm a cop, and i know, i'm also a piston head, which is why i tell you things like this!)

[sprior]

ah, might get complicated this...

bought the car in Sep 2003.
It had a private reg on when I viewed it.
Dealer transferred the plate, and somehow I didn't get a V5 through.

Had a bit of a tough time getting the V5 when I had to tax it at the end of Nov 2003, which was a bit annoying as this was a DVLA mess up after all.

The V5 is dated Dec 29, which is 17 days after the alleged offence.

Is it worth arguing?

simon

[Beggarall]

Hi
I am in a very similar situation to you - see www.pepipoo.com/NewForums2/viewtopic.php?t=87&start=45 and www.pepipoo.com/NewForums2/viewtopic.php?t=1350&highlight= . The replies have been helpful but I am just about to send back the second NIP and I certainly intend to contest this in court rather than pay a FPN (if it it offered). Please update us regarding your progress/decisions. Good luck!

[sprior]

same speeds, almost the same dates, reg transfer - spooky!
I don't think the DVLA can handle reg transfers just before a transfer of keeper without messing it up.

Spoke to Gwent safety camera unit today.
A nice lady reeled off a long list of people they'd sent NIPs to - worryingly, seems like my car went through about 4 dealers before being sold to me...

I did say that as the alleged incident was four months ago, I couldn't be sure who was driving and I requested photo evidence to verify the driver.
She told me that it was a rear facing static camera and that the photo did not show the driver.
She suggested that I could write in and say it was too long ago to remember.

Would others recommend that, or should I just cough up?

thanks,
Simon

[chrisgr31]

sprior said:

She suggested that I could write in and say it was too long ago to remember. Would others recommend that, or should I just cough up? thanks, Simon

Well if there is a chance that someone else could have been driving the car it is worth writing in to say you can't remember. However they may like to know who has access to the car, and of couse lying is in itself an offence.

[tonyout]

What does the date of transfer on the V5 say? If you became the RK after the date of the offence then surely it wasn't you?

Having said that, if you write to the nice lady who you spoke to, she might let it pass.... Unlikely, but you never know. There must be at least one human somewhere inside the scameraships..... surely?

[Beggarall]

I wonder why they sent the NIP to so many dealers - what does your V5 say about previous keepers? What is the situation when a dealer has a second-hand car on the forecourt - who is the registered keeper during this time? Do they notify the DVLA that they have temporary possession? What is the process for registering a car in your name once you have bought it and how long does this take? Sorry about so many questions but I am contesting a similar case and the Scameras tell me the NIP had been sent to the last known keeper..but the last RK on teh V5 didn't receive anything and neither did the dealership from whom I bought the car (or so they say).

[kevinday]

Provided you take all reasonable action to try to find out who was driving and cannot ID the driver then you have a valid defence for not providing the information. Four months is probably acceptable as being too long to remember, I suggest you reply saying you cannot ID the driver at this time, and officially request the photo to aid you in your attempt. Send this registered post and keep copies of everything. Should they then pursue the non-disclosure you have a valid defence and they should not find you guilty.

The multiple NIPs to dealers will have occurred because each one will name the dealer they sold the car to, then they will get the next NIP etc.

This explains the four months, as well as providing you with a possible 'out'.

[sprior]

I was quietly proud of the letter I sent some 3 or so weeks ago.

Got the reply today and was delighted to read 'no further action will be taken'

There was of course a compulsory line which went something like 'I would like to remind you that it is imperative that drivers obey legislation to prevent deaths and serious injuries' which is excusable given that it is consistent with current political opinion.

Now, I've been called a lying cheating b****** before, but for the subtlety of the closing line I have total admiration: 'I trust you will take more care in the future'.