Court procedings 44 in a 30
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PassionFord Post Troll
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From: In the car!
Court procedings 44 in a 30
So is it true that they have to send you the nip, within 2 weeks, and the summons within 6 months, just need some info, if anyone has any!
Jiu Boxu
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44 in a 30 will almost likely just be a Ł60 fine and 3 points.
I was caught 3 months ago doing 52 in a 40 and this is what i got.
If you havent had any notification within 14 WORKING days from the day you were caught, then legally they cant do bugger all about it.
I was caught 3 months ago doing 52 in a 40 and this is what i got.
If you havent had any notification within 14 WORKING days from the day you were caught, then legally they cant do bugger all about it.
............
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From: West Mids
............
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From: West Mids
They have to prove they made an effort to send to the driver inside 14 days
It may well take them longer to find the driver if the registered keeper isnt them.
ie, company car, lease car, hire car etc etc
It may well take them longer to find the driver if the registered keeper isnt them.
ie, company car, lease car, hire car etc etc
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Got 6 points and a Ł250 fine.
Colossal Pervert
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Yes that's accurate. You can receive a NIP at the time of the offence if you were caught with a speed gun and pulled over by the Police.
I too was under the impression (unless it has changed recently) that if it was a fixed / mobile camera that they needed to send out the NIP documentation within 14 days (if it doesn't get to you for various reasons after that point, that is immaterial, it is the fact they have to send it within that time frame - this is so that you can be reasonably expected to be able to name the driver). Obviously if you were stopped and cautioned / advised at the time, then this is the same thing as receiving an NIP - you're just given it on the spot. And then they have to prosecute within a 6 month time frame. However, if you were involved in an RTA, this increases to 12 months.
Did you seak legal advice to confirm that?
I too was under the impression (unless it has changed recently) that if it was a fixed / mobile camera that they needed to send out the NIP documentation within 14 days (if it doesn't get to you for various reasons after that point, that is immaterial, it is the fact they have to send it within that time frame - this is so that you can be reasonably expected to be able to name the driver). Obviously if you were stopped and cautioned / advised at the time, then this is the same thing as receiving an NIP - you're just given it on the spot. And then they have to prosecute within a 6 month time frame. However, if you were involved in an RTA, this increases to 12 months.
I too was under the impression (unless it has changed recently) that if it was a fixed / mobile camera that they needed to send out the NIP documentation within 14 days (if it doesn't get to you for various reasons after that point, that is immaterial, it is the fact they have to send it within that time frame - this is so that you can be reasonably expected to be able to name the driver). Obviously if you were stopped and cautioned / advised at the time, then this is the same thing as receiving an NIP - you're just given it on the spot. And then they have to prosecute within a 6 month time frame. However, if you were involved in an RTA, this increases to 12 months.
Mine was a fixed camera, offence commited in June 2007 and NIP recieved in December 2007.
Did the solicitors 'con' me as well as the police? LOL
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NIP does not have to be sent in 14 days, it's a general rule, but they can and do routinely get around this, generally they meet the target, the COURT makes the decision on any error in procedure should this be a point, courts genrally side with police/cps.
A lot of people relied on the "right to silence, so as not to incriminate oneself", but a recent high court case has seen this "right" killed, that is how they get you under 1998 rta, so this is longer any good.
I was discussing this very point last night with a friend/motoring solicitor.
marymonson.co.uk have a informative website.
tabetha
A lot of people relied on the "right to silence, so as not to incriminate oneself", but a recent high court case has seen this "right" killed, that is how they get you under 1998 rta, so this is longer any good.
I was discussing this very point last night with a friend/motoring solicitor.
marymonson.co.uk have a informative website.
tabetha
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From: Willington, durham
I went through a red light mid Nov last year 
First time ever an to be honnest I still not sure if I did or did not but I got stopped and asked why I had just went through a red light and told I would be gettin done for it.......... Still not heard anything from them regarding this. Funnily enough I got caught doing 91 on the way to Crail less than 24 hrs 
after buying my saff and managed to not get done for that either.
First time ever an to be honnest I still not sure if I did or did not but I got stopped and asked why I had just went through a red light and told I would be gettin done for it.......... Still not heard anything from them regarding this. Funnily enough I got caught doing 91 on the way to Crail less than 24 hrs after buying my saff and managed to not get done for that either.
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From: Mars
I'll do a bit of explaining as ambiguity of some terms is causing a bit of confusion.
The reason why they have to send a NIP out is because it acts as a caution for the offence. For speeding you have to be cautioned within 14 days for proceedings to be lawful. If the officer stops you on the road for speeding he cautions you when doing his paperwork. A camera cannot do this.
The NIP does not have to be recieved by you in 14 days. The police have to send the first NIP out in that time frame. They have some nifty system to keep track of this. If your the registered keeper then you will recieve it within 14 days. However if it is a rental car, or your not the registered keeper then it will take longer.
The case must have its first hearing at the Magistrates Court within six months or it becomes staute barred. Mike is right that when its an accident it can rise to twelve months. This is because speeding is a summary only offence, where as due care and dangerous driving (what your going to get charged with after an accident) are both either way offences (can be heard at Magistrates or Crown Court).
Anything else just ask
The reason why they have to send a NIP out is because it acts as a caution for the offence. For speeding you have to be cautioned within 14 days for proceedings to be lawful. If the officer stops you on the road for speeding he cautions you when doing his paperwork. A camera cannot do this.
The NIP does not have to be recieved by you in 14 days. The police have to send the first NIP out in that time frame. They have some nifty system to keep track of this. If your the registered keeper then you will recieve it within 14 days. However if it is a rental car, or your not the registered keeper then it will take longer.
The case must have its first hearing at the Magistrates Court within six months or it becomes staute barred. Mike is right that when its an accident it can rise to twelve months. This is because speeding is a summary only offence, where as due care and dangerous driving (what your going to get charged with after an accident) are both either way offences (can be heard at Magistrates or Crown Court).
Anything else just ask
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I'll do a bit of explaining as ambiguity of some terms is causing a bit of confusion.
The case must have its first hearing at the Magistrates Court within six months or it becomes staute barred. Mike is right that when its an accident it can rise to twelve months. This is because speeding is a summary only offence, where as due care and dangerous driving (what your going to get charged with after an accident) are both either way offences (can be heard at Magistrates or Crown Court).
Anything else just ask
The case must have its first hearing at the Magistrates Court within six months or it becomes staute barred. Mike is right that when its an accident it can rise to twelve months. This is because speeding is a summary only offence, where as due care and dangerous driving (what your going to get charged with after an accident) are both either way offences (can be heard at Magistrates or Crown Court).
Anything else just ask
Regards the six month rule, I always thought that summons had to be raised within six months, nothing about first appearance at court?
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I'll do a bit of explaining as ambiguity of some terms is causing a bit of confusion.
The reason why they have to send a NIP out is because it acts as a caution for the offence. For speeding you have to be cautioned within 14 days for proceedings to be lawful. If the officer stops you on the road for speeding he cautions you when doing his paperwork. A camera cannot do this.
The NIP does not have to be recieved by you in 14 days. The police have to send the first NIP out in that time frame. They have some nifty system to keep track of this. If your the registered keeper then you will recieve it within 14 days. However if it is a rental car, or your not the registered keeper then it will take longer.
The case must have its first hearing at the Magistrates Court within six months or it becomes staute barred. Mike is right that when its an accident it can rise to twelve months. This is because speeding is a summary only offence, where as due care and dangerous driving (what your going to get charged with after an accident) are both either way offences (can be heard at Magistrates or Crown Court).
Anything else just ask
The reason why they have to send a NIP out is because it acts as a caution for the offence. For speeding you have to be cautioned within 14 days for proceedings to be lawful. If the officer stops you on the road for speeding he cautions you when doing his paperwork. A camera cannot do this.
The NIP does not have to be recieved by you in 14 days. The police have to send the first NIP out in that time frame. They have some nifty system to keep track of this. If your the registered keeper then you will recieve it within 14 days. However if it is a rental car, or your not the registered keeper then it will take longer.
The case must have its first hearing at the Magistrates Court within six months or it becomes staute barred. Mike is right that when its an accident it can rise to twelve months. This is because speeding is a summary only offence, where as due care and dangerous driving (what your going to get charged with after an accident) are both either way offences (can be heard at Magistrates or Crown Court).
Anything else just ask
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I'll do a bit of explaining as ambiguity of some terms is causing a bit of confusion.
The reason why they have to send a NIP out is because it acts as a caution for the offence. For speeding you have to be cautioned within 14 days for proceedings to be lawful. If the officer stops you on the road for speeding he cautions you when doing his paperwork. A camera cannot do this.
The NIP does not have to be recieved by you in 14 days. The police have to send the first NIP out in that time frame. They have some nifty system to keep track of this. If your the registered keeper then you will recieve it within 14 days. However if it is a rental car, or your not the registered keeper then it will take longer.
The case must have its first hearing at the Magistrates Court within six months or it becomes staute barred. Mike is right that when its an accident it can rise to twelve months. This is because speeding is a summary only offence, where as due care and dangerous driving (what your going to get charged with after an accident) are both either way offences (can be heard at Magistrates or Crown Court).
Anything else just ask
The reason why they have to send a NIP out is because it acts as a caution for the offence. For speeding you have to be cautioned within 14 days for proceedings to be lawful. If the officer stops you on the road for speeding he cautions you when doing his paperwork. A camera cannot do this.
The NIP does not have to be recieved by you in 14 days. The police have to send the first NIP out in that time frame. They have some nifty system to keep track of this. If your the registered keeper then you will recieve it within 14 days. However if it is a rental car, or your not the registered keeper then it will take longer.
The case must have its first hearing at the Magistrates Court within six months or it becomes staute barred. Mike is right that when its an accident it can rise to twelve months. This is because speeding is a summary only offence, where as due care and dangerous driving (what your going to get charged with after an accident) are both either way offences (can be heard at Magistrates or Crown Court).
Anything else just ask
get back in your cage you
Which is what I said, the fact that you don't receive it is immaterial (it is just sent by normal post), they just have to prove that they complied with this requirement (so I would imagine this is what happened in "lead foot's" case).
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From: Mars
Your right Arch, information must be laid within six months, my bad. Reason I put that is because if you get them into court within six months of the offence your always going to be on the safe side of the time limit.
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