DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: The Flame Pit
*****************************************************
#Post#: 31432--------------------------------------------------
Re: A286 Haslemere camera & 14 day rule
By: 50mph Date: July 28, 2024, 7:35 am
---------------------------------------------------------
[quote author=FuzzyDuck link=topic=2647.msg31427#msg31427
date=1722168612]
Are you the actual Registered Keeper? Are the details on the V5C
correct?
[/quote]
My wife is, we live at the same address. V5C details correct and
not changed for many years.
#Post#: 31434--------------------------------------------------
Re: A286 Haslemere camera & 14 day rule
By: Southpaw82 Date: July 28, 2024, 7:54 am
---------------------------------------------------------
Have you actually looked at the V5C and confirmed that?
#Post#: 31435--------------------------------------------------
Re: A286 Haslemere camera & 14 day rule
By: 50mph Date: July 28, 2024, 7:55 am
---------------------------------------------------------
[quote author=Southpaw82 link=topic=2647.msg31434#msg31434
date=1722171252]
Have you actually looked at the V5C and confirmed that?
[/quote]
Yes
#Post#: 31437--------------------------------------------------
Re: A286 Haslemere camera & 14 day rule
By: The Slithy Tove Date: July 28, 2024, 9:19 am
---------------------------------------------------------
[quote author=50mph link=topic=2647.msg31425#msg31425
date=1722167508]
Got snapped in a 40 mph zone, my speedo showed 51 when I looked
at it and braked.
Camera on the A286 Haslemere at around village of Fernhurst.
Seems a favourite spot and seems to catch out a lot of people,
especially since not too well seen.
[/quote]
It's a fair way into the 40 zone, albeit on a steep downhill
stretch of road. There are warning signs and it is reasonably
obvious. Whenever I have been that way, which is fairly often,
everyone seems to knows about it as they're all careful to slow
down for it. The Argus article linked to is very old, so may be
different now. Though it's also one of the routes to Goodwood,
so could well catch a lot of irregular travellers there as they
drive their sports cars to the Festival of Speed or Revival.
Question is, did it flash when you passed it? 51 on the speedo
is probably high 40's in reality, and the 10%+2 rule shows
enforcement starting at 46.
Next question is are you the Registered Keeper or is it a
company/lease car? Even if you think you are, dig out the actual
paper V5C to prove it. Edit: already answered I see.
#Post#: 31440--------------------------------------------------
Re: A286 Haslemere camera & 14 day rule
By: 50mph Date: July 28, 2024, 11:18 am
---------------------------------------------------------
[quote author=The Slithy Tove link=topic=4.msg31437#msg31437
date=1722176393]
It's a fair way into the 40 zone, albeit on a steep downhill
stretch of road. There are warning signs and it is reasonably
obvious. Whenever I have been that way, which is fairly often,
everyone seems to knows about it as they're all careful to slow
down for it. The Argus article linked to is very old, so may be
different now. Though it's also one of the routes to Goodwood,
so could well catch a lot of irregular travellers there as they
drive their sports cars to the Festival of Speed or Revival.
Question is, did it flash when you passed it? 51 on the speedo
is probably high 40's in reality, and the 10%+2 rule shows
enforcement starting at 46.
[/quote]
I was on my way to Goodwood FoS, 1st time on that route. There
is significant overgrowth, but not using that as a defence.
Yes, it flashed as I passed it. I do not except any worse than
3 points + fine, most likely speed awareness course. My
question was about the 14 day rule. if I exceed 40 mph, it is
a summary offence. If they do not send the the NIP within 14
days, surely same rules apply and it is a credible defence?
#Post#: 31449--------------------------------------------------
Re: A286 Haslemere camera & 14 day rule
By: 666 Date: July 28, 2024, 1:02 pm
---------------------------------------------------------
[quote author=50mph link=topic=4.msg31440#msg31440
date=1722183488]
[quote author=The Slithy Tove link=topic=4.msg31437#msg31437
date=1722176393]
It's a fair way into the 40 zone, albeit on a steep downhill
stretch of road. There are warning signs and it is reasonably
obvious. Whenever I have been that way, which is fairly often,
everyone seems to knows about it as they're all careful to slow
down for it. The Argus article linked to is very old, so may be
different now. Though it's also one of the routes to Goodwood,
so could well catch a lot of irregular travellers there as they
drive their sports cars to the Festival of Speed or Revival.
Question is, did it flash when you passed it? 51 on the speedo
is probably high 40's in reality, and the 10%+2 rule shows
enforcement starting at 46.
[/quote]
I was on my way to Goodwood FoS, 1st time on that route. There
is significant overgrowth, but not using that as a defence.
Yes, it flashed as I passed it. I do not except any worse than
3 points + fine, most likely speed awareness course. My
question was about the 14 day rule. if I exceed 40 mph, it is a
summary offence. If they do not send the the NIP within 14
days, surely same rules apply and it is a credible defence?
[/quote]
The NIP must be served on the RK within 14 days, i.e. by today.
Failure to do so is indeed a good defence: your problem will be
proving it.
NB A late NIP does not invalidate the related s172 request,
which has no time limit: you (or rather your wife) must respond
to that regardless.
#Post#: 31456--------------------------------------------------
Re: A286 Haslemere camera & 14 day rule
By: 50mph Date: July 28, 2024, 2:18 pm
---------------------------------------------------------
[quote author=666 link=topic=4.msg31449#msg31449
date=1722189728]
The NIP must be served on the RK within 14 days, i.e. by today.
Failure to do so is indeed a good defence: your problem will be
proving it.
NB A late NIP does not invalidate the related s172 request,
which has no time limit: you (or rather your wife) must respond
to that regardless.
[/quote]
I thought date of offence was not counted to determine 14 days.
And I would prove it by asking Postie to confirm when they
deliver it to me - if it comes.
My wife will confirm that I was the driver, as soon as we get
the NIP.
#Post#: 31461--------------------------------------------------
Re: Have I been caught?
By: slapdash Date: July 28, 2024, 3:03 pm
---------------------------------------------------------
How is postie going to be able to confirm the contents of an
unopened envelope ?
You could accost the the postie and open in their presence for
example.
#Post#: 31492--------------------------------------------------
Re: Have I been caught?
By: 50mph Date: July 29, 2024, 2:37 am
---------------------------------------------------------
[quote author=slapdash link=topic=4.msg31461#msg31461
date=1722197026]
How is postie going to be able to confirm the contents of an
unopened envelope ?
You could accost the the postie and open in their presence for
example.
[/quote]
That's the plan. ;D
Offence took place on the 14th, today is the 29th and therefore
the last day or was yesterday the last day??? Do you exclude
day of the offence or not?
#Post#: 31495--------------------------------------------------
Re: Have I been caught?
By: 50mph Date: July 29, 2024, 3:14 am
---------------------------------------------------------
Just answered my own question
Notice of Intended Prosecution
Section 1 Road Traffic Offenders Act 1988 ['RTOA 1988']
provides that a defendant cannot be convicted of certain road
traffic offences set out in schedule 1 RTOA 1988 unless they
have been warned that the question of prosecution would be
considered. Such a warning is normally known as a "notice of
intended prosecution", or NIP.
A notice of intended prosecution can be given:
either orally or in writing at the time the offence was
committed. The warning need not be specific but must refer to
one or more of the offences to which section 1 RTOA 1988
applies. Whether a warning was given "at the time" is a question
of degree. The High Court will not interfere with a Magistrates'
Court finding on that point if there is evidence to support it.
by serving the defendant with a postal charge requisition
(‘PCR’) or single justice procedure (‘SJP’) notice within 14
days of the offence; or
by sending within 14 days of the alleged offence a notice
indicating the possibility of prosecution. The notice must
specify the nature of the alleged offence and the time and place
where it is alleged to have been committed, and must be sent to
the driver, registered keeper of the vehicle, or rider of the
cycle.
Sending is not the same as receiving. So I suppose you have to
provide 2 more days for receiving it
???
*****************************************************
DIR Previous Page
DIR Next Page