Caught Speeding

[SDO]

Hi guys
Got a police notice this morning aparenty i've been caught speeding. Now i don't know how fast i was aparently going before anyone ask's. Now the offence took place on th 11/1/08 now that was ages ago and having read the FaQ's section this is what it say's

Q, "why haven't i received the notice of intended prosection within 14 days of the alleged offence"

A. "You are probably not the recorded keeper of the vehicle. The law states that a notice of intened prosecution must be sent within 14 days to the keeper as recorded at the DVLA"

Now not only is the police notice dated 25/4/08 no where near the 14 days stated but i'm the registered keeper and have been since last year and have my log book to prove it.

Should i fight it or just take it on the chin hold my hands up as only got 3 points on my licence
What you think

 

[Deleted member 21388]

I would take a look at http://www.pepipoo.com/ as from what I understand you have to receive the notice to prosicite within 14 days - its more if its a company car.
Personally I would fight it

Richard

 

[AndyMac]

No definately fight it. As the recorded keeper they have failed to issue you with the NIP within the legally binding 14 day period. The only possible excuse is that it's either a company car (which it isn't) or if you've moved house recently and it's taken this long to track you down, which clearly isn't the case as the NIP is dated yesterday.
Have a look on Pepipoo, fill int he NIP wizard and they will advise on how you word the letter you should send in. I know it's a pain, but you never know when you might need the 3 points on your licence i.e. you only need to get done once a year for the next 3 years and your looking at a ban and be kicking yourself that you didn't take the opportunity to argue a very strong case in this instance.
http://forums.pepipoo.com/index.php?showforum=5

 

[lil_coz]

I'd fight it for two main reasons.

I know of people who put their speeding ticket straight in the bin when it comes through the post because they wont bother coming to look for you if the speeding offence is minor i.e. doing 35 in a 30.

The other is that time is on your hands. A ticket becomes void after 6 months so by fighting this, you will soon come to this date and they legally cant do anything about it.

Quite apart from the fact that you have a proper case here to fight! If their original ticket got lost in the post, that has nothing to do with you.

Hope you get it all sorted.

Coss

 

[quattrojames]

I'd fight it for two main reasons.

I know of people who put their speeding ticket straight in the bin when it comes through the post because they wont bother coming to look for you if the speeding offence is minor i.e. doing 35 in a 30.

The other is that time is on your hands. A ticket becomes void after 6 months so by fighting this, you will soon come to this date and they legally cant do anything about it.

Coss

My personal opinion is that I would NOT follow the advice above:

The first one is a risky strategy! Whilst I agree that maybe not every ticket is followed up - if you ignore it and they do follow it up them you have commited other offences - generally burying your head in the sand does not help.

Secondly, the Police have six months from the date of the offence in which to start proceedings - so as long as they have started within six months (which they have) they can prosecute you (this is a general rule and not a specific reference to the NIP seceived by SDO below.

@Lil_Coz - not trying to undermine your advice mate, just wanted to clarify that.

That PePiPoo website is very interesting. I would definately challenge the NIP and please keep us updated! Good Luck.

 

[AndyMac]

Yes if you ignore it then all they will do is issue you with a court summons. Pub talk of mates who just binned it and heard nothing more are generally ********. We are talking about an automated computer system, it doesn't care what the offence was and it certainly won't just forget about it.

 

[lil_coz]

My personal opinion is that I would NOT follow the advice above:

The first one is a risky strategy! Whilst I agree that maybe not every ticket is followed up - if you ignore it and they do follow it up them you have commited other offences - generally burying your head in the sand does not help.

Secondly, the Police have six months from the date of the offence in which to start proceedings - so as long as they have started within six months (which they have) they can prosecute you (this is a general rule and not a specific reference to the NIP seceived by SDO below.

@Lil_Coz - not trying to undermine your advice mate, just wanted to clarify that.

That PePiPoo website is very interesting. I would definately challenge the NIP and please keep us updated! Good Luck.

No no no, you guys got me wrong! It wasnt my advice to him. It was just examples that I know of to assure him that its not much to worry about. Thats why I said at the bottom that in his particular case, hes done nothing wrong so has every right to fight it properly!

Coss

 

[unkle]

Whoops, think I got flashed today as well on the A46 in the works van, was doing about 70 in a 60....thing is though the markings for that camera are on the other side of the road so even if Im in the photo can they still fine me as they dont have the markings to go by and measure what speed Im doing? Thanks In Advance!

 

[quattrojames]

Was the camera on your side of the road or facing you? And was it definately a GATSO camera?

 

[unkle]

It was in the central reservation on the A46 heading towards the M69, from memory im sure the first one covers the other lane and then theres one further up with lines on the road covering the side I was on, my fault really, had a heavy weekend and was just looking forward to getting monday out the way....

I think it was a Gatso, small square flash and lense rather than the round purplish lenses.

Ill find out in roughly 14 days, maybe more as its a leased van...

 

[quattrojames]

Fingers crossed for you then

 

[Macduff]

From your posting there are a couple of discrepancies that should mean they can't do you.

1. You say you don't know what speed they're doing you for. That should be on the NIP. Mine certainly had it.

2. The date. They have 14 days in which to serve the NIP plus a bit more to allow for postage delays IF the car is yours which it is. Obviously if they have to track you down when it's not your car then they're allowed more time.

There may be more errors on the NIP but I'd get in touch with them and ask them to drop it and put it in writing. If they refuse then get in touch with your lawyer.

The 6 month limit is if you're stopped at the roadside by a police officer. If you hear nothing after 6 months they won't be proceeding with the case.

 

[SDO]

Bad news had alook at pepipoo and becacuse i moved back home last year my details hadn't been on my logbook long enough never mind

 

[StaffsS3]

Still this will cheer you up.

2 days ago I was out in my new oil burner, wafting along to go and pick up some furniture.

1 mile from getting there I was driving through a small village in Warwickshire and could see in the distance a camera van. No problem I thought as I was doing 30 mph.

Halfway between that location and the van I then saw a sign that it was in fact 20mph!!

********, despire braking down to a speed that I can exceed on my pedal bike I think I may have been zapped.

How gutted will I be with an SP20 on my licence........

Even worse, the furniture shop was closed on a Wednesday........

 

[jojo]

Still this will cheer you up.

2 days ago I was out in my new oil burner, wafting along to go and pick up some furniture.

1 mile from getting there I was driving through a small village in Warwickshire and could see in the distance a camera van. No problem I thought as I was doing 30 mph.

Halfway between that location and the van I then saw a sign that it was in fact 20mph!!

********, despire braking down to a speed that I can exceed on my pedal bike I think I may have been zapped.

How gutted will I be with an SP20 on my licence........

Even worse, the furniture shop was closed on a Wednesday........

Thats a b!tch when that happens, and these camera Vans don't really give much away, my missus got doen for 56 in a 50zone and 36 in a 30zone in a space of a month by these damn vans!

 

[S3 Big Andy]

I would still fight as you must be informed of your speed, check its not a scam!!