NIP Has Not Arrived Within 14 Days..
Discussion
Hi all,
The time has come where I have been caught speeding.
This took place on 21/09/17 at around 2AM.
Flew through an Average Speed Camera at approx 70mph. 2 Flashes.
Heart sinks as I realise the punishment for such an offence, and the wait begins.
I have been driving 1 Year 10 Months, which means the potential 6 points is bye bye license.
14 Days go past, nothing. As far as I'm aware the NIP has to arrive with the Registered Keeper within 14 Days (not that they have to prove it does).
I am the Registered Keeper, this is not a hire/lease or company vehicle. It is now 09/10/17 (18 Days) since the offence took place and I am yet to recieve and kind of letter.
What situation does this put me in?
Any help is appreciated, I just want to know where I stand.
The time has come where I have been caught speeding.
This took place on 21/09/17 at around 2AM.
Flew through an Average Speed Camera at approx 70mph. 2 Flashes.
Heart sinks as I realise the punishment for such an offence, and the wait begins.
I have been driving 1 Year 10 Months, which means the potential 6 points is bye bye license.
14 Days go past, nothing. As far as I'm aware the NIP has to arrive with the Registered Keeper within 14 Days (not that they have to prove it does).
I am the Registered Keeper, this is not a hire/lease or company vehicle. It is now 09/10/17 (18 Days) since the offence took place and I am yet to recieve and kind of letter.
What situation does this put me in?
Any help is appreciated, I just want to know where I stand.
SantaBarbara said:
Which road was it on please?
Oh god here we go Santa Barbara bot has arrived with the questions. I assume you need more information before the AI can make an attempt at a response that makes sense.
Just a wild stab in the dark, if the OP tells you it was the M3 or the A57, you will "know that section"
Your possible replies...
A. Was the cameras grey. or yellow.
B. Was this at. Night or in the day.
C. What car. were you in
Gargamel said:
SantaBarbara said:
Which road was it on please?
Oh god here we go Santa Barbara bot has arrived with the questions. I assume you need more information before the AI can make an attempt at a response that makes sense.
Just a wild stab in the dark, if the OP tells you it was the M3 or the A57, you will "know that section"
Your possible replies...
A. Was the cameras grey. or yellow.
B. Was this at. Night or in the day.
C. What car. were you in
I can't see a. Post from SB, you must be. hallucinating.
Many average speed cameras are only active some times of the day / not at all. Depending on the maintenance contract/license for use as they're quite expensive to operate. By me, average speed cameras were put up about 10 years ago. For the first year they were active, now they're just shells; but if you weren't told, you wouldn't know. They've even put up more empty shells on the same road a few years ago.
Barretted said:
My bad, it was an Average Speed Camera. It was just a 50mph Zone.
There isn't AN Average Speed Camera. There has to be at least two of them. Could you have been going (much) more slowly when you passed the first camera, or, if this was the first, did you brake to a much lower speed?It sounds to me like the road our OP was driving on had a reduced speed limit, and the speed cameras for that stretch were calibrated down to that reduced speed.
They do this on the M25, for example. When the overhead gantry matrix signs read "50", the cameras start flashing away at speeds above 55mph(ish).
When there's no reduced speed limit in force (i.e. the matrix signs are blank, or showing a national speed limit symbol), the cameras won't flash until they see speeds in excess of 75mph(ish).
OP - does this sound like the sort of situation you found yourself in?
They do this on the M25, for example. When the overhead gantry matrix signs read "50", the cameras start flashing away at speeds above 55mph(ish).
When there's no reduced speed limit in force (i.e. the matrix signs are blank, or showing a national speed limit symbol), the cameras won't flash until they see speeds in excess of 75mph(ish).
OP - does this sound like the sort of situation you found yourself in?
Has to be served within 14 days.
Gidden v Chief Constable of Humberside dealt with late service due to a postal strike.
https://www.lawgazette.co.uk/law/criminal-procedur...
Gidden v Chief Constable of Humberside dealt with late service due to a postal strike.
https://www.lawgazette.co.uk/law/criminal-procedur...
Edited by paintman on Monday 9th October 13:47
bad company said:
I understand that they have to SEND the notice to registered keeper within 2 weeks so it could arrive a day or 2 later.
Your understanding is incorrect. It must be SERVED (ie arrive) within 14 days of the offence. If it arrives a day or two later it is out of time and the offence (in theory) cannot be prosecuted.Aretnap said:
bad company said:
I understand that they have to SEND the notice to registered keeper within 2 weeks so it could arrive a day or 2 later.
Your understanding is incorrect. It must be SERVED (ie arrive) within 14 days of the offence. If it arrives a day or two later it is out of time and the offence (in theory) cannot be prosecuted.Unless the date stamp on the letter indicates otherwise, a NIP is presumed served so long as it is sent.
So you could receive a reminder in a month's time indicating that the original NIP was sent.
At which point it becomes incredibly difficult to prove a negative - you've got to remember that if simply saying the NIP didn't arrive within 14 days was an instant get-out, everyone would be doing it.
If you receive the NIP within a few days or a reminder in the next 3-4 weeks, post over at Pepipoo as there have been other instances of just this recently. However you won't like the results of those threads....
So you could receive a reminder in a month's time indicating that the original NIP was sent.
At which point it becomes incredibly difficult to prove a negative - you've got to remember that if simply saying the NIP didn't arrive within 14 days was an instant get-out, everyone would be doing it.
If you receive the NIP within a few days or a reminder in the next 3-4 weeks, post over at Pepipoo as there have been other instances of just this recently. However you won't like the results of those threads....
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