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#1 |
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![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() Yeah, yeah, don't worry about the lecture I'm already pretty peed off about it. My question is this ....... The "offence" was speeding picked up by a camera on 16th October 2009. The letter arrived today (13th) and is dated 11th January 2010. Reading the notes that accompany the notice says that "The law states that a Notice of Intended Prosecution must be posted to reach the registered keeper of the vehicle, ... , within 14 days after the date of the offence." I have tried to phone the ticket office but get the answer phone. Some other things you should know before suggesting I take it to court! This was a 30 limit and it says I was doing 50mph, it is for the bike, the bike had no speedo working at the time so it would be possible, they have photo evidence!! ![]() |
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#2 |
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50 in a 30 ??
You need to ![]() ![]() |
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#3 |
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Is it an NIP or a summons?
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#4 |
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NIP!
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#5 |
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I think providing the vehicle is registered in your name & address you are safe to write back and say that as it wasn't served within 14 days it is no longer valid?
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#6 |
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As long as you are the registered owner and at the correct address then yes it is 14 days that the *first* NIP has to arrive by.
You still *have* to supply details but with a cover letter you should be off without any points. See http://www.pepipoo.com/NIP.htm Druid
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#7 |
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Suggestion (linked from above) is to send something similar to the following letter by Special Delivery.
Dear Officer ******, CVVVVVVVV - Notice of Intended Prosecution I received your letter dated *********, the references for which are detailed above. I have enclosed a copy of the Notice sent to me recently, for ease of cross-reference. You have written to me because I am the Registered Keeper of the vehicle mentioned in your Notice. My address is correct as per the details at DVLC, and the vehicle was not a Company car, and was neither hired nor borrowed. No Officer spoke to me at the time of the alleged offence, and no accident took place. Also, no Police person has spoken with me at or near the time and place detailed in your Notice. The written Notice is the first indication from you of any intention to prosecute. Your Notice details the alleged offence as VV:VVhrs on *********. The Notice is dated ********, and it came to me by post, received on ********. At the time of opening the mail item from you, I signed and dated the Notice in a space at the top of the page. Including the day of the alleged offence, this was **th day from the date detailed in your Notice. Following discussions with the RAC Legal Helpline, please note that the Notice cannot be acted upon as it is time-expired. For this Notice to have been valid, it ought to have been with me within 14 days of the alleged offence [Gidden v Chief Constable of Humberside [2009] EWHC 2924 (Admin)]. It was suggested I write back to you immediately with these comments. Yours sincerely VVVVVVVVV Registered Keeper ++++
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'00 SV700S - '94 RVF400R - '97 RVF400R - '88 VFR750F Last edited by fastdruid; 13-01-10 at 01:50 PM. |
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#8 |
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That's good Druid.
Pete ![]()
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#9 |
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There are some exceptions that you have to be aware of, for example if it is a new'ish vehicle, HP, moved recently etc but assuming that it is in your name, your address and was for ~1month prior to the event then there really is no excuse.
Druid
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#10 |
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OH NO!!!!
Just got through to the ticket office ...... Right, apparently it was sent to 3 other people before coming to me??? I bought the bike at the beginning of October so it may have taken them a while to put the change of owner in. Hahaha what a shocker for the previous owner and the 2 garages that had it !!!! Oooops Secondly, it wasn't me that was riding. When I said it was for my motorbike they said it looked like a man riding it and descrided Chris's jacket and helmet. They are sending the photo out to me. BUGGER!!!! What now ??? |
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