Can I do this?
Discussion
Received my NIP for 87 in a 70 yesterday, which I'm quite happy to take the flak for (welll not entirely but there you go), but I was wondering this:
If I didn't 'receive' the nip (wasn't ever sent to my postbox ;-) ), will they just send another or will they get upset and send something else altogether nastier?
If I didn't 'receive' the nip (wasn't ever sent to my postbox ;-) ), will they just send another or will they get upset and send something else altogether nastier?
The onus on the Prosecution is to have NOIP served on defendant within 14 days of the offence. The law also states that this requirement in every case shall be deemed to have been complied with unless and until the contrary is proved. So the ball comes back to you to prove that it wasn't.
Offen v Ranson 1980 - the onus is on the defendant to prove on a balance of probability that an effective warning was not given; merely to raise a doubt is not enough.
DVD
Offen v Ranson 1980 - the onus is on the defendant to prove on a balance of probability that an effective warning was not given; merely to raise a doubt is not enough.
DVD
I was just seeing how long I can put off pleading guilty for, as I only have three months til I get a clean license back.
I was thinking that if I ignored the first NIP, they would simply just reisssue a reminder, giving me another 28 days to reply, and thus giving me two months, and then a month to plead guilty?
I was thinking that if I ignored the first NIP, they would simply just reisssue a reminder, giving me another 28 days to reply, and thus giving me two months, and then a month to plead guilty?
mcflurry said:
wouldn't it be better to get the points quicker, so they come off quicker the other end?
As I understand this........wouldn't it be better to drag it out. Say he's got 9 points already that come off/are deactivated in a month's time. If he can drag this next 3 out for another 2 months, he could have had the nine current ones removed/deactivated & therefore only have the 3 points again? Surely they wouldn't look at his record & ban him for acquiring 12 points although they weren't all on his licence at the same time?
Dwight VanDriver said:
Any delay you can manage will not effect the fact that a conviction, if obtained, goes onto your licence at the date of the offence and not at the date of the Court hearing.
So what you have on when the date the offence was committed will be added to that awarded.
DVD
So would I be right in thinking that the points are valid from the date of offence and NOT the date of conviction. I thought it was the other way around?
Dwight VanDriver said:
This is to stop anyone ripe for Disqualification having the case adjourned time after time to get a clear Licence.
Carn't have that can we?
DVD
DVD,
About 2 years ago I had a circumstance in which I had 9 points on my license. The points were about to hit their 3 year timeout. Now I got another speeding ticket in wales for the princley sum of 77 in a 70 a month before they were about to expire.
I managed to put it off until after the month had gone then I called the fixed penalty office and asked them if it was the offense or convition date in cases of speeding.
The reply "Oh we dont worry about that sort of thing here sir, we would just give you a fixed penalty..."
Either I was lucky or there is some more to the whole offense / conviction thing.
centurion07 said:
wouldn't it be better to get the points quicker, so they come off quicker the other end?
As I understand this........wouldn't it be better to drag it out. Say he's got 9 points already that come off/are deactivated in a month's time. If he can drag this next 3 out for another 2 months, he could have had the nine current ones removed/deactivated & therefore only have the 3 points again? Surely they wouldn't look at his record & ban him for acquiring 12 points although they weren't all on his licence at the same time?
Yup that was my idea - although I only have 3 points, but they were before I passed my test, and I'm worried if I get a further three, they might take my less than two year old license away due to the new driver six point rule?
neil_cardiff said:
Yup that was my idea - although I only have 3 points, but they were before I passed my test, and I'm worried if I get a further three, they might take my less than two year old license away due to the new driver six point rule?
Neil, I remember a post from DVD a few days ago saying that only points awarded after you get your full licence are included in the 6 points and out rule for new drivers. Points gained under provisional do not appear to count.
kevinday said:
Yup that was my idea - although I only have 3 points, but they were before I passed my test, and I'm worried if I get a further three, they might take my less than two year old license away due to the new driver six point rule?
Neil, I remember a post from DVD a few days ago saying that only points awarded after you get your full licence are included in the 6 points and out rule for new drivers. Points gained under provisional do not appear to count.
That was my understanding, but I wanted to check!
Cheers (breathes sigh of relief and trains right foot to be lighter for another nine months...)
kevinday said:
Neil, I remember a post from DVD a few days ago saying that only points awarded after you get your full licence are included in the 6 points and out rule for new drivers. Points gained under provisional do not appear to count.
Isn't that a bit of an anomaly? It would seem to encourage driving on a provisional licence for as long as possible just in case a "drift over the speed limit" scenario occurs.
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