N.I.P. and 14 days...
#1
Mate had an NIP through just after 2 weeks after the day he was caught by a camera van.
I have read on here somewhere that if you don't get the NIP within 14 (working?) days, you can send it back.
Has anyone done this and heard no more about it?
He didn't believe me (can't think why ) and called the magistrates court saying he has received the NIP more than 2 weeks after the event, and got a response along the lines of:
"Got to be within 14 days? That's a new one on me, it just gets sent out as soon as we can find out who the registered keeper is..."
But then they would say that wouldn't they?
I told him to call a police station and see what they say.
I have read on here somewhere that if you don't get the NIP within 14 (working?) days, you can send it back.
Has anyone done this and heard no more about it?
He didn't believe me (can't think why ) and called the magistrates court saying he has received the NIP more than 2 weeks after the event, and got a response along the lines of:
"Got to be within 14 days? That's a new one on me, it just gets sent out as soon as we can find out who the registered keeper is..."
But then they would say that wouldn't they?
I told him to call a police station and see what they say.
#2
I think you're right, but not having been done I can't be sure.
Try looking on http://www.ukspeedcameras.co.uk/
Out of curisoity how does the NIP arrive? Registered post?
I keep getting worried when I go and have to pick letters up from the local post office. They might be tickets!
Try looking on http://www.ukspeedcameras.co.uk/
Out of curisoity how does the NIP arrive? Registered post?
I keep getting worried when I go and have to pick letters up from the local post office. They might be tickets!
#3
From
http://www.speed-trap.co.uk/Accused_Home/Rules_useage/The_Law.htm
This is that all important bit that people keep asking me about. It pertains to the 14 day rule that surrounds service of an NIP. As with all traffic offences in the UK, an NIP is required for prosecution to proceed. If you're stopped at the scene however (for example, by a radar-gun-toting traffic policeman), then a verbal NIP is sufficient. Otherwise it must be in writing. So theoretically, if you've not heard anything after 3 weeks, you got away with it. Not, of course, that the police don't get the calculations wrong from time to time - there's no better way to knock the smile off a prosecutors face than to ask if they can prove service of an NIP.
In order to remove some of the mystery from this area - or cast it into a murky grey area depending on your view of things, here are the relevant excerpts from Butterworth's Police Law (Butterworth's Law; ISBN 0406981469). Thanks to Simon Hepworth for help with this information.
Stuff not of interest to the subject of speeding have been omitted, stuff with particular relevance to NIPs and speeding has been underlined. You'll need a stiff cup of coffee and a shedload of concentration to proceed, so go ahead and make a 6-scoop cuppa and then come on back and read on:
In the case of a number of moving traffic offences, the driver, if not stopped and interviewed by the police at the time, may experience considerable difficulty in recalling the circumstances some weeks after the event. For this reason, the Road Traffic Offenders Act 1988, section 1 states that, in relation to certain named offences, a person shall not be convicted unless:
he was warned at the time of the possibility of prosecution for the offence;
or
he was served with a summons for the offence within 14 days of its commission;
or
a notice of intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed was served within 14 days on him or the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence. (In the case of dangerous or careless cycling the notice must be served on the rider.)
The requirements of section 1 are deemed to have been complied with unless and until the contrary is proved.
The following offences require notice of intended prosecution in one of these forms:
Road Traffic Act 1988
Section 2: Dangerous Driving
Section 3: Careless, and inconsiderate driving
Section 22: Leaving a vehicle in a dangerous position
Section 28: Dangerous cycling
Section 29: Careless, and incosiderate cycling
Section 35: Failing to conform with the indication given by a constable engaged in the regulation of traffic
Section 36: Failing to comply with the indication given by a traffic sign
Road Traffic Regulation Act 1984
Section 16: Exceeding temporary speed restrictions imposed under section 14
Section 17(4): Exceeding speed restrictions on special road
Section 88(7): Exceeding temporary speed limit imposed by order
Section 89(1): Speeding offences generally
Aiding and abetting any of the above offences
However, such notice need not be given in relation to an offence in respect of which a full or provisional fixed penalty notice has been given or fixed under the provisions of the Road Traffic Offenders Act 1988.
http://www.speed-trap.co.uk/Accused_Home/Rules_useage/The_Law.htm
This is that all important bit that people keep asking me about. It pertains to the 14 day rule that surrounds service of an NIP. As with all traffic offences in the UK, an NIP is required for prosecution to proceed. If you're stopped at the scene however (for example, by a radar-gun-toting traffic policeman), then a verbal NIP is sufficient. Otherwise it must be in writing. So theoretically, if you've not heard anything after 3 weeks, you got away with it. Not, of course, that the police don't get the calculations wrong from time to time - there's no better way to knock the smile off a prosecutors face than to ask if they can prove service of an NIP.
In order to remove some of the mystery from this area - or cast it into a murky grey area depending on your view of things, here are the relevant excerpts from Butterworth's Police Law (Butterworth's Law; ISBN 0406981469). Thanks to Simon Hepworth for help with this information.
Stuff not of interest to the subject of speeding have been omitted, stuff with particular relevance to NIPs and speeding has been underlined. You'll need a stiff cup of coffee and a shedload of concentration to proceed, so go ahead and make a 6-scoop cuppa and then come on back and read on:
In the case of a number of moving traffic offences, the driver, if not stopped and interviewed by the police at the time, may experience considerable difficulty in recalling the circumstances some weeks after the event. For this reason, the Road Traffic Offenders Act 1988, section 1 states that, in relation to certain named offences, a person shall not be convicted unless:
he was warned at the time of the possibility of prosecution for the offence;
or
he was served with a summons for the offence within 14 days of its commission;
or
a notice of intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed was served within 14 days on him or the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence. (In the case of dangerous or careless cycling the notice must be served on the rider.)
The requirements of section 1 are deemed to have been complied with unless and until the contrary is proved.
The following offences require notice of intended prosecution in one of these forms:
Road Traffic Act 1988
Section 2: Dangerous Driving
Section 3: Careless, and inconsiderate driving
Section 22: Leaving a vehicle in a dangerous position
Section 28: Dangerous cycling
Section 29: Careless, and incosiderate cycling
Section 35: Failing to conform with the indication given by a constable engaged in the regulation of traffic
Section 36: Failing to comply with the indication given by a traffic sign
Road Traffic Regulation Act 1984
Section 16: Exceeding temporary speed restrictions imposed under section 14
Section 17(4): Exceeding speed restrictions on special road
Section 88(7): Exceeding temporary speed limit imposed by order
Section 89(1): Speeding offences generally
Aiding and abetting any of the above offences
However, such notice need not be given in relation to an offence in respect of which a full or provisional fixed penalty notice has been given or fixed under the provisions of the Road Traffic Offenders Act 1988.
#6
Thanks guys.
He called the local police and they have to have sent out the NIP between 1 and 14 days (not working) of the offense starting at midnight on the night of the offense, so 15 days really.
If he wants to claim he got it after that then he has to go to court and prove it, £50 before you start.
The date on the NIP was the 14th day, don't think he kept the envelope so he's forked.
Muf
He called the local police and they have to have sent out the NIP between 1 and 14 days (not working) of the offense starting at midnight on the night of the offense, so 15 days really.
If he wants to claim he got it after that then he has to go to court and prove it, £50 before you start.
The date on the NIP was the 14th day, don't think he kept the envelope so he's forked.
Muf
#7
The NIP has to be dated and posted with 14 days.
It doesn't have to be received in 14 days.
They usually aren't postmarked and arrive normal post (not that I've had that many!) with the nice warning that "This is not a circular"
It doesn't have to be received in 14 days.
They usually aren't postmarked and arrive normal post (not that I've had that many!) with the nice warning that "This is not a circular"
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