ignoring speed camera ticket
Discussion
My girlfriend got flashed by a camera about 8 months ago. The form came promptly in the post, and she just completely ignored it. Nothing has so far happened.... I have heard that the law need to prosecute you within 90 days of the alleged offence to secure a conviction, is this true? And does anyone know what the penalties are (if any) for just ignoring the letter / or claiming it never came?
Cheers,
John
Cheers,
John
busa_rush said:
johnnystealth said:
My girlfriend got flashed by a camera about 8 months ago.
If nothing has arrived in the post looking like a summons then by now, she'll be in the clear.
That's right, she would normally have recieved a summons within six months, unless the court is very busy then it could still arrive, but must be dated to have been layed before the court within the six months.
Of course the summons may have been lost in the post, same as the NIP
in which case she would probably have received further correspondence by now, before a visit from plod with a warrant. Celebrate, she's almost certainly in the clear. Can I ask what County issued the NIP and what speed was alleged?
Edited by deeps on Saturday 22 July 19:23
If its 8 months after the alleged the offence, she's in the clear, see the link in this topic.
If thats the law for one, it must be imposed all round.
www.pistonheads.com/gassing/topic.asp?t=290973&f=10&h=0
If thats the law for one, it must be imposed all round.
www.pistonheads.com/gassing/topic.asp?t=290973&f=10&h=0
The offence of failing to furnish would have 'timed out' 28 days plus 6 months after your girlfriend received the NIP.
An application for summons must be laid with the court before the 28 days plus 6 months have expired. The summons itself can (and often does) follow weeks later. The case must be heard before the courts within 2-3 years of the alleged offence.
Have you tried contacting the Magistrates' Court which deals with motoring matters in the area your girlfriend was pinged ? A quick phone call would confirm whether there is a matter pending, whether she is in the clear (no informations laid) or whether she was tried and convicted in her absence.
An application for summons must be laid with the court before the 28 days plus 6 months have expired. The summons itself can (and often does) follow weeks later. The case must be heard before the courts within 2-3 years of the alleged offence.
Have you tried contacting the Magistrates' Court which deals with motoring matters in the area your girlfriend was pinged ? A quick phone call would confirm whether there is a matter pending, whether she is in the clear (no informations laid) or whether she was tried and convicted in her absence.
SS2. said:
The offence of failing to furnish would have 'timed out' 28 days plus 6 months after your girlfriend received the NIP.
An application for summons must be laid with the court before the 28 days plus 6 months have expired. The summons itself can (and often does) follow weeks later. The case must be heard before the courts within 2-3 years of the alleged offence.
Have you tried contacting the Magistrates' Court which deals with motoring matters in the area your girlfriend was pinged ? A quick phone call would confirm whether there is a matter pending, whether she is in the clear (no informations laid) or whether she was tried and convicted in her absence.
An application for summons must be laid with the court before the 28 days plus 6 months have expired. The summons itself can (and often does) follow weeks later. The case must be heard before the courts within 2-3 years of the alleged offence.
Have you tried contacting the Magistrates' Court which deals with motoring matters in the area your girlfriend was pinged ? A quick phone call would confirm whether there is a matter pending, whether she is in the clear (no informations laid) or whether she was tried and convicted in her absence.
I would strongly advise you not to do this, as you could be construed to have known about the offence and subsequently entered due process.
You then cannot plead ignorance or back out.
jith said:
I would strongly advise you not to do this, as you could be construed to have known about the offence and subsequently entered due process.
You then cannot plead ignorance or back out.
Eh ?? You then cannot plead ignorance or back out.
If no information(s) have been laid, and 6 months from the alleged offence date have passed, then that's that. Job done. Calling the Mags' Court can't and won't change that.
Frederick said:
the point is, if it *has* been laid before the mags, you're pretty much admitting that you're trying to pull a fast one... leave well alone imo...
Not sure what you mean by 'trying to pull a fast one'.. If an information has been laid then a summons would be pending / actioned for the offence of failing to furnish driver details contrary to s.172 RTA 1988. This offence was knowingly committed by the OP's girlfriend after the NIP / s.172 was ignored for 28 days.
As long as 28 days plus 6 months from service of NIP has passed, then I can't see how phoning the court to check whether the matter was / is to be brought before the beak is going to make a jot of difference to the outcome...
Edited by SS2. on Saturday 22 July 22:14
Celebrate, she's almost certainly in the clear. Can I ask what County issued the NIP and what speed was alleged?
Edited by deeps on Saturday 22 July 19:23
[/quote] Yep I think shes in the clear. I am celebrating and I was thinking I might just do the same if i get done... BTW she was in Staffordshire (I think) or maybe Warwickshire? It was about 35 in a 30 zone.
SS2. said:
Frederick said:
the point is, if it *has* been laid before the mags, you're pretty much admitting that you're trying to pull a fast one... leave well alone imo...
Not sure what you mean by 'trying to pull a fast one'.. If an information has been laid then a summons would be pending / actioned for the offence of failing to furnish driver details contrary to s.172 RTA 1988. This offence was knowingly committed by the OP's girlfriend after the NIP / s.172 was ignored for 28 days.
As long as 28 days plus 6 months from service of NIP has passed, then I can't see how phoning the court to check whether the matter was / is to be brought before the beak is going to make a jot of difference to the outcome...
Edited by SS2. on Saturday 22 July 22:14
These calls are recorded. To do this means person knew NIP was served und she chose to ignore it. She ist best to wait und see what happens und then decide what plea or mitigation she can use to explain ignoring the document.
Best not to admit to anything as if no summons are served - fine und good.
If summons have been laid within 6 month period but still pending for whatever reasons - then best to wait und take legal advice when this appears through letter box.
It could make a lot of difference to outcome as prosecution could make an issue out of ignoring the NIP if they choose to.
I now know several people who have completely ignored NiP's and any/all subsequent paperwork and have got away with it completely. It seems as though there are so many willing to 'pay-up' without any fight that they go for that, say, 99%, and avoid any further expense.
Of course, there will be cases where they follow it all up, but they certainly don't do so every time. Maybe it's a distance thing. Would, say, a Scottish constabulery chase an NiP sent to someone living in Devon and follow up eventually with a visit from the local constabulary with an arrest warrant to transport the accused to Scotland for doing, maybe, 37 in a 30?
Of course, there will be cases where they follow it all up, but they certainly don't do so every time. Maybe it's a distance thing. Would, say, a Scottish constabulery chase an NiP sent to someone living in Devon and follow up eventually with a visit from the local constabulary with an arrest warrant to transport the accused to Scotland for doing, maybe, 37 in a 30?
If it's 35 in a 30, it's bang on the ACPO guidelines for speedlimit plus 10% plus 2, therefore, they have probably dropped it as magistrates would probably throw it out if a brief stood up and quoted the ACPO guidelines, regardless of the Taliban's attitude in N.Wales - but that's like a 3rd world country these days the way that they police it, so it doesn't count.
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