5 months and 30 days after speeding

5 months and 30 days after speeding

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Discussion

HarmeetJohal1

Original Poster:

138 posts

100 months

Wednesday 24th April 2019
quotequote all
Hi all my wife received a letter this morning relating to a speeding offence that was committed on the 25/10/2018 which was 5 months and 30 days ago (cheekily one day before the 6 month rule) do we have a leg to stand on or is it a matter of pay up and shut up?
Thanks

xjay1337

15,966 posts

118 months

Wednesday 24th April 2019
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What speed ?

SS2.

14,462 posts

238 months

Wednesday 24th April 2019
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What have you been sent - a NIP, a s.172 request, a SJPN.. ?

HarmeetJohal1

Original Poster:

138 posts

100 months

Wednesday 24th April 2019
quotequote all
50 on a 30 which is silly, but was on a downhill which had a 50 speed limit up the top and dropped to 30 in the middle where she was caught with a speed gun

HarmeetJohal1

Original Poster:

138 posts

100 months

Wednesday 24th April 2019
quotequote all
Yes we sent back a 172 form 2 weeks after the offence

Stoofa

958 posts

168 months

Wednesday 24th April 2019
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So this must be an invitation to attend court then?
An awful lot of cases don't have details sent to court until almost at the end of the 6 months. It's in time so no, there is no get out.

What exactly have you been sent? If they are offering you a fixed penalty, snatch hands off - 50 in a 30 should be 4-6 points of 7-28 day ban.

LosingGrip

7,816 posts

159 months

Wednesday 24th April 2019
quotequote all
HarmeetJohal1 said:
Hi all my wife received a letter this morning relating to a speeding offence that was committed on the 25/10/2018 which was 5 months and 30 days ago (cheekily one day before the 6 month rule) do we have a leg to stand on or is it a matter of pay up and shut up?
Thanks
You got the NIP in time and its with the courts within the time frame. Was your partner speeding? Or is she going not guilty because she wasn't speeding?

anonymous-user

54 months

Wednesday 24th April 2019
quotequote all
LosingGrip said:
You got the NIP in time and its with the courts within the time frame. Was your partner speeding? Or is she going not guilty because she wasn't speeding?
You are supposed to remember if that happened nearly six months ago ?

Terminator X

15,057 posts

204 months

Wednesday 24th April 2019
quotequote all
HarmeetJohal1 said:
Hi all my wife received a letter this morning relating to a speeding offence that was committed on the 25/10/2018 which was 5 months and 30 days ago (cheekily one day before the 6 month rule) do we have a leg to stand on or is it a matter of pay up and shut up?
Thanks
Afaik it is standard practice to wait that long as I had one too just a day before 6 months lapsed! Probably the robots sending letters I guess. Re "getting off" I'd say unlikely as the speed camera's never make mistakes so say the Mags.

TX.

anonymous-user

54 months

Wednesday 24th April 2019
quotequote all
If we're following the old ACPO guidelines, then 50 is the start point for a summons in a 30mph zone.

Stoofa

958 posts

168 months

Wednesday 24th April 2019
quotequote all
Schmed said:
LosingGrip said:
You got the NIP in time and its with the courts within the time frame. Was your partner speeding? Or is she going not guilty because she wasn't speeding?
You are supposed to remember if that happened nearly six months ago ?
Yes. They would have received notification of the speeding within 14 days of the event happening.
It would of course have been prudent as soon as they were aware of an offence to take notes of what happened in preparation for further action as these kind of things don't just "go away".

Lindun

1,965 posts

62 months

Wednesday 24th April 2019
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Schmed said:
LosingGrip said:
You got the NIP in time and its with the courts within the time frame. Was your partner speeding? Or is she going not guilty because she wasn't speeding?
You are supposed to remember if that happened nearly six months ago ?
Remember what? That she got caught? Of course you’ll remember that. The NIP timing would have been dealt with 5 and a half months ago if it was out of time when received.

carreauchompeur

17,846 posts

204 months

Wednesday 24th April 2019
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Yeah, unfortunately in my force too there is a constant backlog of summons files... anything traffic will get served at/after the 5 month mark

Derek Smith

45,654 posts

248 months

Wednesday 24th April 2019
quotequote all
HarmeetJohal1 said:
Hi all my wife received a letter this morning relating to a speeding offence that was committed on the 25/10/2018 which was 5 months and 30 days ago (cheekily one day before the 6 month rule) do we have a leg to stand on or is it a matter of pay up and shut up?
Thanks
I'd write back, pointing out that having the documentation for all that time without dealing with it expeditiously is inappropriate. The 6 months is not a target.


LosingGrip

7,816 posts

159 months

Wednesday 24th April 2019
quotequote all
Schmed said:
You are supposed to remember if that happened nearly six months ago ?
They've not just found out about it now though have they? They found out she had been caught within the two weeks of the offence.

Shuvi McTupya

24,460 posts

247 months

Wednesday 24th April 2019
quotequote all
Stoofa said:
If they are offering you a fixed penalty, snatch hands off - 50 in a 30 should be 4-6 points of 7-28 day ban.
I got pinged yesterday on a section of D/C that I didn't realise was a stupidly low 30mph limit (the next section is NSL) I wrongly assumed it was a 50 section and I was doing 49.

3 points /£100 fine..


KungFuPanda

4,332 posts

170 months

Wednesday 24th April 2019
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Derek Smith said:
HarmeetJohal1 said:
Hi all my wife received a letter this morning relating to a speeding offence that was committed on the 25/10/2018 which was 5 months and 30 days ago (cheekily one day before the 6 month rule) do we have a leg to stand on or is it a matter of pay up and shut up?
Thanks
I'd write back, pointing out that having the documentation for all that time without dealing with it expeditiously is inappropriate. The 6 months is not a target.

Why would you do that? It’s not going to matter one jot.

anonymous-user

54 months

Wednesday 24th April 2019
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OP still has not stated what the letter said. I'm assuming it's a court summons but OP is only one who can say.

motco

15,945 posts

246 months

Wednesday 24th April 2019
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Sounds like Marlow Hill in High Wycombe. It's notorious for catching people out.

agtlaw

6,712 posts

206 months

Wednesday 24th April 2019
quotequote all
HarmeetJohal1 said:
Hi all my wife received a letter this morning relating to a speeding offence that was committed on the 25/10/2018 which was 5 months and 30 days ago (cheekily one day before the 6 month rule) do we have a leg to stand on or is it a matter of pay up and shut up?
Thanks
If by ‘letter’ you actually mean ‘Single Justice Procedure Notice’ then the Written Charge and SJPN must have been issued within 6 months of the index offence. The time limit to commence proceedings is 6 months. Proceedings do not have to end within 6 months.

Ignore the nonsense posted above about court hearings and a ludicrous suggestion to write a letter in response. Carefully follow the instructions sent to you.