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#Post#: 31497--------------------------------------------------
Re: Have I been caught?
By: slapdash Date: July 29, 2024, 3:18 am
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My post generally arrives between 8am and 3pm which would make
it a pain.
My belief is the day of the offence is day 0.
#Post#: 31499--------------------------------------------------
Re: Have I been caught?
By: FuzzyDuck Date: July 29, 2024, 3:25 am
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It's not always that easy. We used to have a member on Pepipoo
(PeterG) who knew a NIP was incoming, got the postman to witness
opening the envelope when it was delivered after the 14 days but
still got found guilty at the magistrates court even with the
post as a witness, Had to appeal it all the way to crown court
before managing to get the verdict overturned.
#Post#: 31506--------------------------------------------------
Re: Have I been caught?
By: slapdash Date: July 29, 2024, 4:14 am
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Perhaps contacting the local ticket office and enquiring if a
NIPhas been issued might be prudent. Otherwise when does one
stop waiting for it to come.
#Post#: 31507--------------------------------------------------
Re: Have I been caught?
By: 666 Date: July 29, 2024, 4:17 am
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[quote author=50mph link=topic=4.msg31495#msg31495
date=1722240896]
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
???
[/quote]
That summary of the law is (as is often the case) wrong. The
notice must be SERVED (i.e. delivered), not "sent" within the 14
days. See Road Traffic Offenders Act 1988 section 1.
#Post#: 31524--------------------------------------------------
Re: Have I been caught?
By: 50mph Date: July 29, 2024, 6:11 am
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[quote author=slapdash link=topic=4.msg31497#msg31497
date=1722241136]
My post generally arrives between 8am and 3pm which would make
it a pain.
My belief is the day of the offence is day 0.
[/quote]
Great, now we have clarified day of offence is day 0 and it must
be served within 14 days (that was yesterday) and Postman has
already come today at 11:30 and nothing so far. Postman has
agreed to check everyday for the rest of the week - comes around
midday and I work from home so that should work out OK.
#Post#: 31525--------------------------------------------------
Re: Have I been caught?
By: andy_foster Date: July 29, 2024, 6:47 am
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In your first post, you claim to have been "snapped" by a speed
camera. This is essentially bollox. You cannot know that you
were snapped.
You were apparently flashed by a unit in a speed camera housing
that variously could have been a dummy unit, an actual speed
camera that had run out of film, or a "live" speed camera.
Statistically, if you are the RK and haven't received a NIP
within the 14 days the chances are that it's not the last one.
You proceeded to quote some utter bollox that you found
somewhere on the internet, without citation. You presumably had
little chance of knowing that it was utter bollox, but without
citation, it is meaningless. A lot of bollox is posted on the
internet.
#Post#: 31530--------------------------------------------------
Re: Have I been caught?
By: 50mph Date: July 29, 2024, 7:09 am
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Thanks for your input.
Snap(ped) as in camera flashed, I take your point.
I suppose this is the definitive guide on the internet.
HTML https://www.legislation.gov.uk/ukpga/1988/53/section/1
HTML https://www.legislation.gov.uk/ukpga/1988/53/section/1
#Post#: 31543--------------------------------------------------
Re: Have I been caught?
By: andy_foster Date: July 29, 2024, 8:43 am
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Yes and no. Those are the words of the legislation, but case law
often clarifies what those words actually mean.
For example, a notice that must be served under the :Landlord
and Tennant Act is served when it is sent, regardless of whether
or not it is received. A NIP is served when it is delivered,
which is deemed to be 2 working days after properly posting by
first class post, unless the contrary is proven.
The case law for the latter is Gidden v Chief Constable of
Humberside
#Post#: 31720--------------------------------------------------
Re: Have I been caught?
By: 50mph Date: July 31, 2024, 9:10 am
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[quote author=andy_foster link=topic=4.msg31543#msg31543
date=1722260584]
Yes and no. Those are the words of the legislation, but case law
often clarifies what those words actually mean.
A NIP is served when it is delivered, which is deemed to be 2
working days after properly posting by first class post, unless
the contrary is proven.
The case law for the latter is Gidden v Chief Constable of
Humberside
[/quote]
That's very helpful, thank you.
Update: Offence on July 14th, today is July 31 and nothing
received. Hopefully a lucky escape for me.
#Post#: 32838--------------------------------------------------
Speeding ticket
By: Liam666 Date: August 9, 2024, 3:24 pm
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Good evening,
Iv seen a few posts regarding getting a speeding ticket on the
A59 (Scotland road) Liverpool. It's a three lane carriage way
that I "assumed" was at least 40mph due to it being 3 lanes and
the fact that the road exiting the carriage Way had a 30mph sign
indicating to myself that the road I was on was over 30mph.,
anyway, there was a police van parked in the lay by so I suspect
I'll be getting a ticket any day soon. From the image what would
you guys assume the speed limit was bearing in mind it's a 3
lane carriage with a 30mph road sign on the exiting side road..
I know I'm in the wrong as the street lights would dictate the
speed limit but I feel I was caught off guard.. thanks for any
HTML input.[img]http://A59
HTML https://maps.app.goo.gl/Nx7g2Mfq7hkfRJMd8?g_st=ac[/img]
HTML [img]http://A59<br
/>
HTML https://maps.app.goo.gl/Nx7g2Mfq7hkfRJMd8?g_st=ac[/img]
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