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17th August 2012, 08:57
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#1
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Established Member
Join Date: Feb 2011
Location: Rochdale
Posts: 1,896
Car(s): mk2 saxo 1.4 furio in possi blue
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speeding... oops
got a NIP this morning sent to me on the 16/08/12.
i was doing 42mph on a 30.
dont remember driving down that road as the date this happened according to the letter is 29/05/2012.
so i broke it by 12mph
what fine and point am i looking it? is it £60 3 points? was a fixed camera apparently and i was not pulled over by police etc and dont know if it matters but its 1st time iv been caught.
i will accept the points and fine however if read up somewhere if the letter is over 14 days of the date of offence then i can reject it? whats the process of this and ho true is it?
so narrowed down:
exceeded by 12mph
1st offence
NIP received 3months after alleged offence
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17th August 2012, 09:01
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#2
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Super Moderator
Join Date: Nov 2009
Location: Cambridge(ish), UK.
Posts: 10,581
Car(s): BMW 5x M50d.
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is the car registered to you? What is the ISSUE date on the Notice? Is the ISSUE date 16/08/2012 for an alleged offence on 29/05/2012?
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17th August 2012, 09:03
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#3
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Established Member
Join Date: Feb 2011
Location: Rochdale
Posts: 1,896
Car(s): mk2 saxo 1.4 furio in possi blue
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Quote:
Originally Posted by RossDagley
is the car registered to you? What is the ISSUE date on the Notice? Is the ISSUE date 16/08/2012 for an alleged offence on 29/05/2012?
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yes yes and yes
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17th August 2012, 09:04
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#4
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Super Moderator
Join Date: Nov 2009
Location: Cambridge(ish), UK.
Posts: 10,581
Car(s): BMW 5x M50d.
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Quote:
Originally Posted by mcjacko1987
yes yes and yes
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And is the address it's been issued to correct? IE, you've got the car registered to the address you live at, you've not moved recently, DVLA records up to date etc?
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17th August 2012, 09:07
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#5
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Saxperience Post Whore
Join Date: May 2009
Location: ringwood
Posts: 6,305
Car(s): suzuki swift 1.2 sz3
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Dont they only have 2 weeks to send the NIP?
Am I the only one who genuinely doesn't speed in 30/40 and 50's
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17th August 2012, 09:08
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#6
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Established Member
Join Date: Feb 2011
Location: Rochdale
Posts: 1,896
Car(s): mk2 saxo 1.4 furio in possi blue
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yes its registered at the address we live at but we moved here 20/04/2012 and all is up to date
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17th August 2012, 09:09
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#7
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Established Member
Join Date: Feb 2011
Location: Rochdale
Posts: 1,896
Car(s): mk2 saxo 1.4 furio in possi blue
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Quote:
Originally Posted by wadoryu
Dont they only have 2 weeks to send the NIP?
Am I the only one who genuinely doesn't speed in 30/40 and 50's
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i dont usually speed so i must have had a reason back then but i cant even remember driving down that road (dont know the road so checked google maps)
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17th August 2012, 09:10
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#8
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Super Moderator
Join Date: Nov 2009
Location: Cambridge(ish), UK.
Posts: 10,581
Car(s): BMW 5x M50d.
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*IF* the ISSUE date (and I know I keep repeating the emphasis on ISSUE date, but it's important!) is outside of 14 days from the date of the offence, return it to the Process Office (address on the ticket) politely telling them to "do one". It's time barred. The NIP *MUST* be issued in the first instance within 14 days of the date of offence.
It's important to note that the issue date can be different to the date received - it doesn't matter when you receive it (could be months later) what's key here is the date of offence, and the date stamped as issue on the NIP.
Edit to add - you don't have to return the NIP under these circumstances *at this time* - just write back to the Processing Office stating that NIP is time barred and is, therefore, rejected. Keep the letter short and to the point. I would need to check this, but I do believe you DO have to return the NIP naming the driver (even if the offence is time barred) within 28 days of receipt. Might be worth a google that one.
Last edited by Ross; 17th August 2012 at 09:23.
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17th August 2012, 09:11
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#9
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Saxperience Addict
Join Date: Sep 2008
Location: Swansea / Chippenham
Posts: 10,872
Car(s): 306 diesel shed
broken vts
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thats 60 fine and 3 points, ive had the same for pretty much identical speeds.
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17th August 2012, 09:12
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#10
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Super Moderator
Join Date: Nov 2009
Location: Cambridge(ish), UK.
Posts: 10,581
Car(s): BMW 5x M50d.
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Quote:
Originally Posted by 0rang3peel
thats 60 fine and 3 points, ive had the same for pretty much identical speeds.
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no it's not. Read above.
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17th August 2012, 09:14
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#11
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Established Member
Join Date: Feb 2011
Location: Rochdale
Posts: 1,896
Car(s): mk2 saxo 1.4 furio in possi blue
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so basically i just say im rejecting any outcome as the date of offence was outside the 14 day issue period?
what should i expect to happen after that?
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17th August 2012, 09:14
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#12
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Saxperience Post Whore
Join Date: Mar 2009
Location: Isle of Man
Posts: 9,844
Car(s): 92 Eunos
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whats an NIP?
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17th August 2012, 09:16
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#13
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Saxperience Post Whore
Join Date: Aug 2010
Location: Little Mill, South Wales
Posts: 7,547
Car(s): Mondeo ST TDCI
Saxo VTS
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Notice of Intended Prosecution
__________________
Quote:
Originally Posted by Giraffe
I'm happy being a north easternly smoggie bender.
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17th August 2012, 09:16
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#14
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Established Member
Join Date: Feb 2011
Location: Rochdale
Posts: 1,896
Car(s): mk2 saxo 1.4 furio in possi blue
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notice of intended prosecution
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17th August 2012, 09:19
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#15
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Super Moderator
Join Date: Nov 2009
Location: Cambridge(ish), UK.
Posts: 10,581
Car(s): BMW 5x M50d.
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Quote:
Originally Posted by mcjacko1987
so basically i just say im rejecting any outcome as the date of offence was outside the 14 day issue period?
what should i expect to happen after that?
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They will either concede that they have made an error, or come back with a "despite exercising reasonable diligence" they could not ascertain your name and address within the 14 day time period (EG. some unexplained "delay" in information coming back from DVLA).
But if the police were simply too slow getting the paperwork done or whatever, then they cannot use the 'reasonable diligence' argument.
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17th August 2012, 09:20
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#16
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Established Member
Join Date: Feb 2011
Location: Rochdale
Posts: 1,896
Car(s): mk2 saxo 1.4 furio in possi blue
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Quote:
Originally Posted by RossDagley
They will either concede that they have made an error, or come back with a "despite exercising reasonable diligence" they could not ascertain the name and address within the 14 day time period (EG. some unexplained "delay" in information coming back from DVLA).
But if the police were simply too slow getting the paperwork done or whatever, then they cannot use the 'reasonable diligence' argument.
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ok cheers mate. hopefully a good outcome from it as iv said i very rarely speed and its 1st time caught. will be the last too lol.
thanks again
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17th August 2012, 09:24
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#17
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Saxperience Post Whore
Join Date: Aug 2010
Location: Little Mill, South Wales
Posts: 7,547
Car(s): Mondeo ST TDCI
Saxo VTS
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A speeding thread about trying to avoid the consequences of ones actions that did not turn into a load of abuse, saxp you disappoint me.
__________________
Quote:
Originally Posted by Giraffe
I'm happy being a north easternly smoggie bender.
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17th August 2012, 09:26
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#18
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Super Moderator
Join Date: Nov 2009
Location: Cambridge(ish), UK.
Posts: 10,581
Car(s): BMW 5x M50d.
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Quote:
Originally Posted by mcjacko1987
ok cheers mate. hopefully a good outcome from it as iv said i very rarely speed and its 1st time caught. will be the last too lol.
thanks again
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It's very unusual for this to happen but it does happen. It might be worth seeking professional advice formally rather from a saxo forum I can only tell you what I know from a passionate interest in the law, and from a family of lawers and magistrates. But it amounts to my "best guess".
Please do your own research.
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17th August 2012, 09:27
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#19
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Super Moderator
Join Date: Nov 2009
Location: Cambridge(ish), UK.
Posts: 10,581
Car(s): BMW 5x M50d.
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Quote:
Originally Posted by Brettles1986
A speeding thread about trying to avoid the consequences of ones actions that did not turn into a load of abuse, saxp you disappoint me.
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My bad.
However - if/when he comes back saying that the police refuse to reject or blah blah, and he goes to court, then I guess we can rib him
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17th August 2012, 09:32
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#20
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Saxperience Addict
Join Date: Sep 2008
Location: Swansea / Chippenham
Posts: 10,872
Car(s): 306 diesel shed
broken vts
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Quote:
Originally Posted by RossDagley
no it's not. Read above.
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I'm not talking about if he can get out of it etc just the speeds in that speedzone.
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