Traffic Camera Prosecutions- how long have the old bill got to notify you....

Discussion in 'Bulletin Board ARCHIVE' started by Hicksy, Mar 23, 2007.

  1. Hicksy

    Hicksy Administrator Staff Member Admin

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    ....that you've committed an offence after the incident?

    I thought it was 2 week. Our lass got caught after dropping me off in Luton for the match in January, but they only sent the notice of prosecution through on March 7th.</p>

    Anyone know the rules?</p>
     
  2. EastStander

    EastStander Active Member

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    I thought that the letter had to be postmarked within 2 weeks, so if it's just that it got lost in the mail for a month or so that shouldn't make any difference.
     
  3. Gue

    Guest Guest

    I'd try it on and not respond. If they've not chased the original letter up by now, balls to it.
     
  4. Hicksy

    Hicksy Administrator Staff Member Admin

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    Good point. Anyone else know for sure? nt
     
  5. SuperTyke

    SuperTyke Well-Known Member

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    EastStander is right

    they have to send you a notification of intended prosecution within 14 days. Allowing for postage etc, they normally say that 17 or 18 days is acceptable.
     
  6. Hicksy

    Hicksy Administrator Staff Member Admin

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    Well, I returned it intially as it was in my name, and it was her who was doing the rally driving.</p>

    So now we have the new form but with her details. I'm going to tell her to write off challenging it as it took them 6 weeks to notify.</p>

    Chuff me, thats the last time I saw us win as well.</p>
     
  7. Hicksy

    Hicksy Administrator Staff Member Admin

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    So 6 weeks pushing it then. They can ballax nt
     
  8. Bruce

    Bruce Active Member

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    I know for a summons ....

    it's 6 months from the date of the offence ... my mate got done for a motoring offence and it landed 2 days before the 6 months were up.

    On the net, this might help .... looks like there is a forum there too.

    http://www.coolblue.org.uk/SpeedCameras.htm
     
  9. SuperTyke

    SuperTyke Well-Known Member

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    hmm, Is it a company car or anything?

    Is the car owned legally by you and registered in your name at your address? If it is then 14 days is the law, if not and it's a company car or something and they've had to spend a few weeks working out that that car is yours then it's 14 days from when they worked it out.
     
  10. act

    acton_red Active Member

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    NIP - Notice Of Intended Prosecution.

    NIP - Notice Of Intended Prosecution.
    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
     
  11. Mat

    Matt New Member

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    30 Days if I remember correctly

    They have to notify the OWNER in 30 days, if it's a company car then the owner is usually the leasing company.
     
  12. Mat

    Matt New Member

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    Thinking about it it might be 14 days but the owner comment still stands nt
     
  13. Gue

    Guest Guest

    Bin it.</p>

    Get her to take you to more games though. Good luck charm and all that.</p>

    I was under the impression they had 14 days from the date of the offence to collar you.</p>
     
  14. Hicksy

    Hicksy Administrator Staff Member Admin

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    Cheers ****. I'll send that to the daft sow nt
     
  15. Hicksy

    Hicksy Administrator Staff Member Admin

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    Aye its my car like. Cheers nt
     
  16. Zuk

    Zukkster New Member

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    14 days nt
     
  17. dam

    dammsy23 New Member

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    dunt it depend on when the film from the camera was processed. so if they dint process it until now, then thets why the NIP has only just arrived. plus differnt police forces may have different prodcedures for dealin with em. where abouts did you get caught??
     
  18. Gue

    Guest Guest

    yep

    14 days the s.172 notice has to be sent out (requirement to provide info) - if that was sent, for instance to the address where the car was registered but your lass doesnt live there, then it still counts, or, for instance, if it was a hire car, and it was sent to the hire car co first, before getting to your lass, then it still counts.

    but, if its your lass' car, it was sent to your lass' address, but took longer than 14 days, you have a defence.
     

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