Some clarification please
Some clarification please
Author
Discussion

krallicious

Original Poster:

4,312 posts

236 months

Thursday 15th November 2007
quotequote all
Would I be correct in my thinking that if you are caught by a hand held laser or a camera van, a FPN needs to be posted within two weeks of the offence occuring? Just curious as I had a couple of close calls on the 25/9 and the 21/10 this year rolleyes
Thanks

Pete

Puggit

49,831 posts

279 months

Thursday 15th November 2007
quotequote all
Or papers need to be laid with the courts before 6 months are up...

FiveStar

760 posts

235 months

Thursday 15th November 2007
quotequote all
14 days not including the date of offence AFAIK

cliffe_mafia

1,740 posts

269 months

Thursday 15th November 2007
quotequote all
FiveStar said:
14 days not including the date of offence AFAIK
if you are the registered keeper

krallicious

Original Poster:

4,312 posts

236 months

Thursday 15th November 2007
quotequote all
Can they go straight to the court without informing you that you have been caught? I thought that if you were caught you had to receive mail dated from within the 2 week period after the offence. I read if this was not the case and it went to court, the case would have to been thrown out because the law requires you to be informed of your offence. The couple of close calls I had would have been at most a couple of mph over the limits (I don't mean 57 in a 50 for example).

Pete

esselte

14,626 posts

298 months

Thursday 15th November 2007
quotequote all
krallicious said:
Can they go straight to the court without informing you that you have been caught? I thought that if you were caught you had to receive mail dated from within the 2 week period after the offence. I read if this was not the case and it went to court, the case would have to been thrown out because the law requires you to be informed of your offence. The couple of close calls I had would have been at most a couple of mph over the limits (I don't mean 57 in a 50 for example).

Pete
I think you have to receive either a verbal NIP at bthe roadside or a posted one....I don't think they can go straight to court,obviously I could be wrong..

vonhosen

40,597 posts

248 months

Thursday 15th November 2007
quotequote all
esselte said:
krallicious said:
Can they go straight to the court without informing you that you have been caught? I thought that if you were caught you had to receive mail dated from within the 2 week period after the offence. I read if this was not the case and it went to court, the case would have to been thrown out because the law requires you to be informed of your offence. The couple of close calls I had would have been at most a couple of mph over the limits (I don't mean 57 in a 50 for example).

Pete
I think you have to receive either a verbal NIP at bthe roadside or a posted one....I don't think they can go straight to court,obviously I could be wrong..
They don't have to give/send a NIP, if a summons is served within 14 days instead.

Edited by vonhosen on Thursday 15th November 21:11

esselte

14,626 posts

298 months

Thursday 15th November 2007
quotequote all
vonhosen said:
esselte said:
krallicious said:
Can they go straight to the court without informing you that you have been caught? I thought that if you were caught you had to receive mail dated from within the 2 week period after the offence. I read if this was not the case and it went to court, the case would have to been thrown out because the law requires you to be informed of your offence. The couple of close calls I had would have been at most a couple of mph over the limits (I don't mean 57 in a 50 for example).

Pete
I think you have to receive either a verbal NIP at bthe roadside or a posted one....I don't think they can go straight to court,obviously I could be wrong..
They don't have to give/send a NIP, if a summons is served within 14 days instead.

Edited by vonhosen on Thursday 15th November 21:11
Serious question here,not meaning to be smart,but how would they know who to send the summons to for a gatso/tallyvan caught offence?

SS2.

14,712 posts

269 months

Thursday 15th November 2007
quotequote all
esselte said:
Serious question here,not meaning to be smart,but how would they know who to send the summons to for a gatso/tallyvan caught offence?
Quite.

In the absence of a signed statement (or verbal confession) from the accused that they were the driver at the time of the alleged offence, then there would not exist any proof (to the required criminal standard) of the identity of the driver.

With no admissible evidence of driver identity, then the service of a summons on anyone for the alleged speeding offence (detected by scamera) would appear to be somewhat pointless..

krallicious

Original Poster:

4,312 posts

236 months

Saturday 17th November 2007
quotequote all
Thanks for your answers. Has put my mind at ease a bit now. Cheers Pete