I may be expecting a NIP.....

[Scoobs]

.....if it is delayed due to the postal strike is it deemed to have not been served within the 14 day limit and I am then in the clear or doesn't it work like that???

[fizzwheel]

Its the date when the letter was posted, not when you received it IIRC.

[Scoobs]

Its the date when the letter was posted, not when you received it IIRC.

I actually don't think it is mate. I think that is a popular misconception, but my perception may be the misconception!!!! Does that make sense?

[maviczap]

You're not having a lot of luck lately, this and that parking fine. Bummer :nomore:

[Holdup]

I would of thought date of postage, but then again, it may not get collected, but then it might or they could use some one else to deliver it.

[Scoobs]

You're not having a lot of luck lately, this and that parking fine. Bummer :nomore:

Tell me about it. The bloody cash is floodingh out at the mo.

[maviczap]

Aye, same happed to me a couple of years ago. Always comes in 3's, so here's hoping it doesn't for you

[the_lone_wolf]

I actually don't think it is mate. I think that is a popular misconception, but my perception may be the misconception!!!! Does that make sense?

They need to serve it and post it with reasonable expectation that you will be receiving it within 14days, generally that's going to give you a day for 1st class.

I very much doubt you'll get away with it if they serve it within normal time-scales and you happen to receive it a few days late, especially if the date on the NIP is within those times

How much over the limit were you going then?;)

[Scoobs]

35ish over! Which in itself is going to be a right ****er. I am sure I will be right royally raped for that much over the limit.

[the_lone_wolf]

35ish

And what was the posted limit?

edit: in fact, don't worry, that's gonna get you a bum raping in any limit:eek:

Hope they go easy on your mate, but I'd be preparing a good legal brief if you're sure they got you

Or a season bus pass:(

[Owenski]

I thought it was to the date served. Otherwise people would just deny reciept of the first letter and then the NIP would be void.
"I never got it officer" or "it got held up and I got it 6weeks after the offence officer"
is never going to be followed by "oh really, we do appologise, your free to go then"

Im not been sarcastic Im just trying to better explain my trail of thought.

[Owenski]

35ish over? or 35ish total?

[Scoobs]

Over

[Scoobs]

And what was the posted limit?

edit: in fact, don't worry, that's gonna get you a bum raping in any limit:eek:

Hope they go easy on your mate, but I'd be preparing a good legal brief if you're sure they got you

Or a season bus pass:(

My thoughts exactly.

Ballsacks

[the_lone_wolf]

Over

Indicated or true speed?

Any what was the posted limit?

I'm asking as if it's in a 70 you'll be just under the threshhold of them not being able to issue an NIP, 100mph is generally the level where you're going to be forced to explain yourself to a mag

[Owenski]

OUCH!
Here's hoping its not lost in the mail then, as in I hope it doesnt exist.

I thought anything over 30over the assigned speed limit is an automatic 28 day ban and heafty fine.

[Scoobs]

Indicated or true speed?

Any what was the posted limit?

It's a long story. I was a bad boy. I know the implications. If I get done, I get done.

As I said - ballsacks

[Owenski]

I aint gonna lecture you lol, hearing the story would be cool though it'd make my afternoon pass quicker :)

*Fingers crossed for Scoobs*

[maviczap]

Colleague at work got done in his car by a unmarked car doing over the ton in a 70. Didn't get a ban, and was very apologetic in court. Full suit and tie jobbie.

Heafty fine mind, but no ban

[Scoobs]

I aint gonna lecture you lol, hearing the story would be cool though it'd make my afternoon pass quicker :)

Maybe later.

*Fingers crossed for Scoobs*

Cheers buddy.

[melody]

Oops. I know that feeling.

I was expecting one too a few weeks back.

It hasn't arrived.

Don't let it worry you too much.

Que sera sera.

[plowsie]

Bend over you bad boy. I have the thorn bush credit card at the ready. Who has the KY?

[sv-robo]

35ish over!

You naughty boy:)

[theshed]

got done a few weeks ago at newnham bridge 50 in a 30 got the nip and have retuned it on it it said it was not a fixed penalty so looks like i must appear still waiting to hear anyone know how long it usally takes and my likely rap

[Quedos]

14 days to the registered keeper is the time in which they must now serve you a NIP.
They go out first class and therefore even with strikes are still expected to arrive in time. 105 in national - hefty fine is almost guaranteed ban depends on circ's and previous.

well that what my local plods says. ( he also said what a k*** for getting caught)
but we have our fingers crossed for you ( inc the cop he's nice really)

[Dave20046]

You never know, you might get off.
My mate did a similar sort of speed, infact it was probably a bit worse and managed to argue the toss in court and ended walking away with 6 or 9 points (I forget, it was the max before he was stripped of his license) , a £2k+ fine and a big smile on his face.

[Shellywoozle]

tut tut tut Scoobs

[ArtyLady]

Well you all know my views by now I'm sure............you had the choice - I didn't :(

[timwilky]

Been there lately mate. I was a little quick past an unmarked stationary car who was busy pulling his speed camera out of the way to turn round to get my number as I passed him.

I guess he was not quick enough as that was about a month ago and no nip. phew

[fastdruid]

I've had a few scares before, most a silly minor amount over but some well into rip up license territory!

The thing you don't want to hear is that it doesn't need to get delivered, as far as the court is concerned proof of first class posting is proof that it got there and there is no rebuttal unless you have a history of mail going astray and ideally someone to stand up in court and attest that you haven't received it.
Even though we all know what a shambles the Royal Mail is.

Fingers crossed for you.

Druid

[Milky Bar Kid]

I've had a few scares before, most a silly minor amount over but some well into rip up license territory!

The thing you don't want to hear is that it doesn't need to get delivered, as far as the court is concerned proof of first class posting is proof that it got there and there is no rebuttal unless you have a history of mail going astray and ideally someone to stand up in court and attest that you haven't received it.
Even though we all know what a shambles the Royal Mail is.

Fingers crossed for you.

Druid

Correct....Toes crossed for you...

[Scoobs]

Oh well.

[Bluefish]

i got caught about six and a half years ago 103.7 mph in a 70mph on the a303, got six points and can't remember exactly about 200 pound fine, wasn't fast in my opinion, however will conceed it was speeding.

[fastdruid]

It may come to nothing but it is a sickening wait, although not _as_ sickening as the 6 month wait to see if you're actually going to get a summons (and at +35 chances are it will be).

If you do get a NIP I suggest pepipoo before you do anything with it.

Druid

[muffles]

Go check this on Pepipoo, although they take into account proof of postage (and thus date of postage) the rule is that they have to post it with a reasonable expectation that it will be received within 14 days (or something like that, not got the exact wording in front of me).

I have heard a similar argument before, but if they post it on the 13th day which might have been the day before the strikes then you could argue it is not a reasonable expectation that it will be received within 14 days - because the strikes were known & so was the effect.

It all depends on the details though hence Pepipoo is a better bet.

[the_lone_wolf]

One for you Mr Doo:

http://news.bbc.co.uk/1/hi/england/south_yorkshire/8332523.stm

[Dicky Ticker]

Silly boy Scooby Doo but we[Well some of us] do silly things from time to time and I put it down to your run of bad luck of late.
109mph in a 70 = Expensive solicitor£1800 -- 3points & £150
Check to see if you have legal cover on your household insurance--I did

Hope you get the result you want and what was that you posted about the bloke at 166mph:D

[mattSV]

http://lh6.ggpht.com/_21eccP-FJ2o/SuoVl0rIoII/AAAAAAAADnw/-S9HSjNgTJs/s640/DSC00568.JPG

[the_lone_wolf]

LOL @ Matt you bad man:mrgreen::mrgreen::mrgreen:

[Scoobs]

http://lh6.ggpht.com/_21eccP-FJ2o/SuoVl0rIoII/AAAAAAAADnw/-S9HSjNgTJs/s640/DSC00568.JPG

Let's hope not huh!

[Red Herring]

I don't think that will work. I know a few coppers have "come out" on here but I'm not aware of any magistrate frequenting this forum...

[punyXpress]

I've had a few scares before, most a silly minor amount over but some well into rip up license territory!

The thing you don't want to hear is that it doesn't need to get delivered, as far as the court is concerned proof of first class posting is proof that it got there and there is no rebuttal unless you have a history of mail going astray and ideally someone to stand up in court and attest that you haven't received it.
Even though we all know what a shambles the Royal Mail is.

Fingers crossed for you.

Druid

UPDATE !
The High Court yesterday upheld an appeal on these very grounds - Lord Justice Elias ( a good racing family ) and Mr Justice Openshaw also awarded a Mr Gidden of Dodsworth, near Barnsley £7000 costs.
There is hope for you yet!
The offence was committed during the 2007 Postal Strike.
Anyone else for a class action to reclaim points, fines & thumping costs on the same grounds?

[SV-net]

If the strike has delayed the delivery then you are ok. its up to them to make sure the NIP reaches you within 14 days. No delivery, no can do you. Lovely eh!

[Owenski]

What is the significance of the 14 day window? If I killed someone 2 weeks ago I'd still get bannged up if I got found out at what ever point. I just dont follow the logic.

[Luckypants]

If I killed someone 2 weeks ago I'd still get bannged up if I got found out at what ever point. I just dont follow the logic.

That's because some crimes are so serious they have no statute of limitation. No help on why the 14 day period for NIP though.

[Owenski]

Thats the phrase I wanted, Statute of Limitation why do some crimes have them and others not. Surly breaking the law is breaking the law.

[ophic]

That's because some crimes are so serious they have no statute of limitation. No help on why the 14 day period for NIP though.
I'm guessing its to allow people to take on board their "punishment" and adapt their driving style accordingly. Otherwise you might rack up more than 12 points in several offences and receive a ban, before being made aware of the first one. Of course, this can still happen, but is less likely.

[Owenski]

That makes sense,

[Ed]

We had post today Scoobs, so you might have a little brown envelope waiting on your doormat;)

[maviczap]

That's cruel Ed, theres nothing worse than waiting for that envelope to drop through the door :(

My last one was white though ;)

[Red Herring]

Thats the phrase I wanted, Statute of Limitation why do some crimes have them and others not. Surly breaking the law is breaking the law.

The 14 day rule around an NIP is nothing to do with the statute of limitations. An NIP has to be served for certain traffic related offences and the 14 day rule is so that you get Notice of an Intended Prosecution within a time that gives you a reasonable chance of recollecting events that led to the allegation being made so that you can prepare an account. The time limit for prosecutions on such offences is usually six months so I'm sure you can see how unfair it would be if the first you knew of an allegation of say speeding was if you get a letter five months later.
By the way if you kill someone then an NIP probably wouldn't be required because one of the exemptions to the need to serve one is if the incident led to an accident occurring...

[Lou M]

I'm expecting something in the post too, I've never had any points so don't know what to do with whatever I get. I was doing about 37 in a 30, and as I was ill I didn't see the nice little van until too late (and yes, I know, I shouldn't really have been driving if I was unwell), and as there was nothing else on the stretch of road he has to have got me. What will I receive and what will I do with it??

[phil24_7]

Lou, expect 3 points and a £60 fine at worst. Speedo error may actually mean you were below the prosecution threshold.

[maviczap]

I'm expecting something in the post too, I've never had any points so don't know what to do with whatever I get. I was doing about 37 in a 30, and as I was ill I didn't see the nice little van until too late (and yes, I know, I shouldn't really have been driving if I was unwell), and as there was nothing else on the stretch of road he has to have got me. What will I receive and what will I do with it??

Or if your a speed awareness course, if you're lucky. Which means no points, but paying for this course about £80 in Norfolk, when I last attended :(

Some regions don't do this though :(

[phil24_7]

Recently took part in a RiDE course down here. £80 and a day of holiday used, but nil points!

[FlyinCustard]

Or if your a speed awareness course, if you're lucky. Which means no points, but paying for this course about £80 in Norfolk, when I last attended :(

Some regions don't do this though :(


I got caught speeding in Sheffield last September (37 in a 30) got the nip, which said I may be considered for a speed awareness course, sent it off with my license details and I haven't heard a thing since.:p

Naturally I haven't chased it:smt023

[Dicky Ticker]

As a point of interest a speeder has had his conviction overturned in the High Court due to postal delays-------Crown-v-Peter Gidden 29/10/09. This was the late arrival of the NIP. [Can this be used as case stated]
Original sentence £680 for 85mph
Appeal to Grimsby Crown Court failed
Appeal in the High Court,sentence quashed

[Lou M]

Well I've just got home and nothing here as yet. Only problem if I'm offered a speed awareness course, it's all the way back in Pembrokeshire, 4 1/2 hours away!
Anyone know what the prosecution threshold is in a 30?

[phil24_7]

I would hazard a guess and say anywhere from 34/35 but remember that your speedo almost certainly gives a high reading.

[Lou M]

I would hazard a guess and say anywhere from 34/35 but remember that your speedo almost certainly gives a high reading.

My speedo was saying 40 :(

[phil24_7]

You'll probably be fine hun, speedos are usually 5-10 mph out!

[Lou M]

You'll probably be fine hun, speedos are usually 5-10 mph out!


Well I'm keeping my fingers crossed!

[Scoobs]

Well, it's been 5 weeks. I think I'm in the clear.

[Spiderman]

*cough* post strike may have delayed it.

friggin hope not tho matey :)

[Scoobs]

*cough* post strike may have delayed it.

friggin hope not tho matey :)


For 5 weeks? I think I'll be OK.

[Sally]

*cough* post strike may have delayed it.

friggin hope not tho matey :)

Do you have to put a damper on everything? ;)

[Spiderman]

just keepin it real :)

Spidey - Mr Killjoy

[TheOnlyNemesis]

just keepin it real :)

Spidey - Mr Killjoy

fix'd

Spidey - Ali G

[Spiderman]

aiight :)

[Owenski]

You havin a no points bevvy tonight then scoobs.

[Scoobs]

You havin a no points bevvy tonight then scoobs.

I've had a bevvy every night this week. Why make tonight any different. ;)

[Dave20046]

I think you should hand yourself in, they've clearly made a mistake.

[Owenski]

I've had a bevvy every night this week. Why make tonight any different. ;)

In that case I shall have one on your behalf, seen as you leave me no choice ;)

[Scoobs]

In that case I shall have one on your behalf, seen as you leave me no choice ;)

he he. Any excuse.