Discussion
amancalledrob said:
Can I assume I'm safe if there's no brown envelope in today's post?
For speeding, and if not stopped and warned at the time, there is a requirement for a NIP / summons to be served within 14 calendar days of the alleged offence. The NIP must be served on the offender or, as is the norm, on the person registered with DVLA as the keeper of the vehicle.
Unless the contrary is proved, a notice issued by first class post will be presumed to have been served two business days after posting.
Gidden v Chief Constable of Humberside
https://www.lawgazette.co.uk/law/criminal-procedur...
If not given verbally at the time to the alleged offender a written NIP must be served on the registered keeper of the vehicle within 14 days of the date of the alleged offence.
In Gidden the NIP was sent by 1st class post & in the normal course of events would have arrived within the period. Due to a postal strike it was delivered after the 14 days & held on appeal by the High Court to have been served out of time & the conviction was quashed. IIRC his postman was the witness to the late delivery.
A 'Search' on here will give you a lot more on it as he is/was a PHer & it was the subject of much discussion.
Note that providing it has been served on the registered keeper - the details as shown with DVLA for the vehicle - within the 14 days then the service is deemed good even if the driver is different to the RK & finds out after the 14 days.
https://www.lawgazette.co.uk/law/criminal-procedur...
If not given verbally at the time to the alleged offender a written NIP must be served on the registered keeper of the vehicle within 14 days of the date of the alleged offence.
In Gidden the NIP was sent by 1st class post & in the normal course of events would have arrived within the period. Due to a postal strike it was delivered after the 14 days & held on appeal by the High Court to have been served out of time & the conviction was quashed. IIRC his postman was the witness to the late delivery.
A 'Search' on here will give you a lot more on it as he is/was a PHer & it was the subject of much discussion.
Note that providing it has been served on the registered keeper - the details as shown with DVLA for the vehicle - within the 14 days then the service is deemed good even if the driver is different to the RK & finds out after the 14 days.
Edited by paintman on Monday 22 May 20:13
paintman said:
IIRC his postman was the witness to the late delivery.
Correct. Confirmed by Peter on page 1 of his thread here - https://www.pistonheads.com/gassing/topic.asp?h=0&...Transcript of the full High Court judgement here - http://www.bailii.org/ew/cases/EWHC/Admin/2009/292...
The key is being able to prove late service in which Peter was successful as he had independent corroboration.
That is where most folk will run into difficulty.
SS2. said:
For speeding, and if not stopped and warned at the time, there is a requirement for a NIP / summons to be served within 14 calendar days of the alleged offence.
The NIP must be served on the offender or, as is the norm, on the person registered with DVLA as the keeper of the vehicle.
Unless the contrary is proved, a notice issued by first class post will be presumed to have been served two business days after posting.
Woohoo! The NIP must be served on the offender or, as is the norm, on the person registered with DVLA as the keeper of the vehicle.
Unless the contrary is proved, a notice issued by first class post will be presumed to have been served two business days after posting.
Thanks guys
According to my research (motivated by me passing a camera van on my bike), the more modern vans have a wide angle CCTV type camera attached to them that can be referenced to get the bikers rear number plate after the bike is photographed speeding with the forward facing laser device.
I was fortunate, I think the van I passed was an old one.
I was fortunate, I think the van I passed was an old one.
Edited by Carlson W6 on Tuesday 23 May 10:19
Carlson W6 said:
According to my research (motivated by me passing a camera van in my bike), the more modern vans have a wide angle CCTV type camera attached to them that can be referenced to get the bikers rear number plate after the bike is photographed speeding with the forward facing laser device.
Thus giving the biker much more time to slow down than would be the case with a car driver.No
You've misunderstood.
The biker gets caught with the same device as the car driver, at the same point.
The secondary CCTV camera does not get a speed reading, it gets a number plate image to be used alongside the "front on" speeding image.
The secondary image is for numberplate reference only.
My post is not gospel. I'm a member of the public and happy to be corrected by anyone with insider knowledge.
You've misunderstood.
The biker gets caught with the same device as the car driver, at the same point.
The secondary CCTV camera does not get a speed reading, it gets a number plate image to be used alongside the "front on" speeding image.
The secondary image is for numberplate reference only.
My post is not gospel. I'm a member of the public and happy to be corrected by anyone with insider knowledge.
bad company said:
Carlson W6 said:
According to my research (motivated by me passing a camera van in my bike), the more modern vans have a wide angle CCTV type camera attached to them that can be referenced to get the bikers rear number plate after the bike is photographed speeding with the forward facing laser device.
Thus giving the biker much more time to slow down than would be the case with a car driver.
amancalledrob said:
SS2. said:
For speeding, and if not stopped and warned at the time, there is a requirement for a NIP / summons to be served within 14 calendar days of the alleged offence.
The NIP must be served on the offender or, as is the norm, on the person registered with DVLA as the keeper of the vehicle.
Unless the contrary is proved, a notice issued by first class post will be presumed to have been served two business days after posting.
Woohoo! The NIP must be served on the offender or, as is the norm, on the person registered with DVLA as the keeper of the vehicle.
Unless the contrary is proved, a notice issued by first class post will be presumed to have been served two business days after posting.
Thanks guys
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