NIP time scale
Discussion
t posting and making no sense.N13LHN said:
At the risk of playing right into the trolls hands I got caught speeding on my bike august bank holiday. The 28th to be precise.
More info required.Were you stopped and given a warning at the time ?
If not, have you received a NIP served by post or are you still waiting ?
N13LHN said:
Yeah I got stopped by an unmarked car doing quite a bit over the limit.
Police were great about it tbh. Took all my details etc. I'm gutted but I deserve what I'm gonna get
OK. As above, in that case - no need for a NIP to be served by post if you were stopped & warned of prosecution at the time.Police were great about it tbh. Took all my details etc. I'm gutted but I deserve what I'm gonna get
N13LHN said:
Yeah I got stopped by an unmarked car doing quite a bit over the limit.
Police were great about it tbh. Took all my details etc. I'm gutted but I deserve what I'm gonna get
As the (NIP) notice was done in person the 2 weeks are of no interest to you, what you need to watch for now is a summons within 6months of the date of offence iircPolice were great about it tbh. Took all my details etc. I'm gutted but I deserve what I'm gonna get
N13LHN said:
Yeah I got stopped by an unmarked car doing quite a bit over the limit.
Police were great about it tbh. Took all my details etc. I'm gutted but I deserve what I'm gonna get
You deserve what you're gonna get?Police were great about it tbh. Took all my details etc. I'm gutted but I deserve what I'm gonna get
You sound like one of the brainwashed majority queueing up to receive your inevitable reward for having the gall to abuse the pre-ordained system in place to protect society from the inevitable armageddon if left to think for itself.
They were probably 'great' about it because they know how totally trivial it all is when considered against all the other crap that goes on unabated day after day.
Caveat.... if you were doing 60 past a school at chucking out time then I take it all back. Only the death penalty will do.
garyhun said:
It needs to reach the registered keeper by day 15 - 14 days plus the day of offence.
No! It is not helpful to post such incorrect information. RTOA 1988 Section 1 said:
[c]within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was—
(i)in the case of an offence under section 28 or 29 of the M1Road Traffic Act 1988 (cycling offences), served on him,
(ii)in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.
That the 14 day limit is absolute for a NoIP served by post was confirmed in Gidden v Chief Constable of Humberside.(i)in the case of an offence under section 28 or 29 of the M1Road Traffic Act 1988 (cycling offences), served on him,
(ii)in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.
He was convicted at S c u n t h o r p e* Magistrates Court, which was upheld on appeal to Great Grimsby Crown Court.
Overturned on further appeal by the High Court QBD. The decision is therefore definitive and binding on all Magistrates/Crown Courts.
* Dumb swear filter.
IanJ9375 said:
N13LHN said:
Yeah I got stopped by an unmarked car doing quite a bit over the limit.
Police were great about it tbh. Took all my details etc. I'm gutted but I deserve what I'm gonna get
As the (NIP) notice was done in person the 2 weeks are of no interest to you, what you need to watch for now is a summons within 6months of the date of offence iircPolice were great about it tbh. Took all my details etc. I'm gutted but I deserve what I'm gonna get
Otherwise, a Written Charge and Postal Requisition must be issued within 6 months of the index offence.
As with a Notice of Intended Prosecution, the day of the alleged offence is not taken into account when calculating the 6 month deadline to commence proceedings.
Interesting.
I have always understood the wording - 'within' together with 'of' - to mean that the day of the offence is included in the specified time frame.
If Parliament had meant to exclude the day of the offence I would have expected it to have said so in terms that are less open to interpretation.
Every day's a schoolday.
I have always understood the wording - 'within' together with 'of' - to mean that the day of the offence is included in the specified time frame.
If Parliament had meant to exclude the day of the offence I would have expected it to have said so in terms that are less open to interpretation.
Every day's a schoolday.
Red Devil said:
Interesting.
I have always understood the wording - 'within' together with 'of' - to mean that the day of the offence is included in the specified time frame.
If Parliament had meant to exclude the day of the offence I would have expected it to have said so in terms that are less open to interpretation.
Every day's a schoolday.
Apology accepted I have always understood the wording - 'within' together with 'of' - to mean that the day of the offence is included in the specified time frame.
If Parliament had meant to exclude the day of the offence I would have expected it to have said so in terms that are less open to interpretation.
Every day's a schoolday.
Anybody know of any case where a speeding motorcyclist killed another driver? Obviously, they have the potential to kill pedestrians, but I'm curious. I'd have thought the risk posed by a motorbike going at high (read: unsuitable) speeds was far lower to other road users. At the end of the day, on the motorway, they're only likely to kill themselves, I'd have thought.
So, like there's a separate speed limit for HGV's, why not a separate (higher) one for bikers?
So, like there's a separate speed limit for HGV's, why not a separate (higher) one for bikers?
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff