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PostPosted: Tue Apr 26, 2005 11:31 
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Hi all,

My first post, inspired (as I'm sure it is often the case) by a pressing need to know more about the law.

Basically I just received a "Notification of intendede prosecution" for being photographed by a speed camera doing 47 in a 40...

The offense allegedly took place on September 11 2004 - the notification is is dated April 14 2005 which is a little more than 7 months late.

I'm under the impression that there is a strict 6 month time limit.. Is this true? Can I just respond "sorry, too late."..?

Thanks for any help & what a great site!

Will


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PostPosted: Tue Apr 26, 2005 11:36 
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There's a 6 month limit for laying papers, so it'd be difficult to see how they could do you for speeding. Personally, I'd fill in the NIP (to avoid potential S172 offences being laid, assuming they're still within the limit) safe in the knowledge that they can't lay papers for the speeding offence.

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PostPosted: Tue Apr 26, 2005 11:36 
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Ask this question on www.pepipoo.com

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PostPosted: Tue Apr 26, 2005 11:42 
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I agree with Carl. The speeding offence has clearly timed out, but the s172 request is theoretically valid - they have asked you for information and you are legally required to provide it.

So in the absence of a more expert view from pepipoo (ooh look it rhymes!) I'd fill it in and send it back, then ignore the subsequent Fixed Penalty Notice on the grounds that they can't subsequently take you to court for it.

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PostPosted: Tue Apr 26, 2005 12:20 
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Thanks guys,

I've just posted a similar thread at pepipoo...

Good advice re: the s172 request - wouldn't want to let them in the backdoor.

I've still got another 15 days to respond so I can wait a little longer and see what the consensus is.

It was actually my fiancee driving, I never speed (cough). We both have clean licenses so its not a huge threat. It makes me wonder how efficient the police services are, and especially concerned for situations when they are really needed to function properly...

The exact degree of lateness is 7 months and 3 days.

Thanks again - I'll be sure to keep this thread updated so any lucky recipients of tardy NIPs in the future will have an idea what to do. :)


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PostPosted: Tue Apr 26, 2005 14:56 
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willko wrote:
Thanks guys,

I've just posted a similar thread at pepipoo...

Good advice re: the s172 request - wouldn't want to let them in the backdoor.

I've still got another 15 days to respond so I can wait a little longer and see what the consensus is.

It was actually my fiancee driving, I never speed (cough). We both have clean licenses so its not a huge threat. It makes me wonder how efficient the police services are, and especially concerned for situations when they are really needed to function properly...

The exact degree of lateness is 7 months and 3 days.

Thanks again - I'll be sure to keep this thread updated so any lucky recipients of tardy NIPs in the future will have an idea what to do. :)


After so long... I am surprised you can remember your fiancee was driving :wink:

I'd do as JT suggests.

Was it a company or hire car though ... in which case this NIP may have been doing the rounds.....

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PostPosted: Tue Apr 26, 2005 15:10 
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In Gear wrote:
willko wrote:
Thanks guys,

I've just posted a similar thread at pepipoo...

Good advice re: the s172 request - wouldn't want to let them in the backdoor.

I've still got another 15 days to respond so I can wait a little longer and see what the consensus is.

It was actually my fiancee driving, I never speed (cough). We both have clean licenses so its not a huge threat. It makes me wonder how efficient the police services are, and especially concerned for situations when they are really needed to function properly...

The exact degree of lateness is 7 months and 3 days.

Thanks again - I'll be sure to keep this thread updated so any lucky recipients of tardy NIPs in the future will have an idea what to do. :)


After so long... I am surprised you can remember your fiancee was driving :wink:

Perhaps it stuck in his mind as he had never been that fast before... :lol:

Quote:
Was it a company or hire car though ... in which case this NIP may have been doing the rounds.....

Even if that is the case, the speeding case still times out after six months though, doesn't it?

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PostPosted: Tue Apr 26, 2005 15:19 
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JT wrote:
Quote:
Was it a company or hire car though ... in which case this NIP may have been doing the rounds.....

Even if that is the case, the speeding case still times out after six months though, doesn't it?


I think so. Think he may have to check dates of postmarks and the paper chase to be absolutely certain.

Perhaps it is my cynical experience of those CPS wallies. :roll:

And am pedant.... :wink:

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PostPosted: Tue Apr 26, 2005 15:24 
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The offence times out if 'information is not laid' within 6 months of the offence date. The information cannot have been laid without an identifiable 'accused' so there is zero possibility of a speeding charge succeeding.

The s.172 will need a response as stated.


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PostPosted: Tue Apr 26, 2005 21:16 
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> It makes me wonder how efficient the police services are

OY !!! :lol:

If only you knew.....


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PostPosted: Wed Apr 27, 2005 23:12 
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Just a thought, but if it does indeed turn out this NIP has been issued "out of time" (and assuming S172 is complied with), does the NIP constitute some form of extortion / demanding money with menaces attempt? They must surely KNOW about the 6 six month limit, yet have still issued the NIP - does that make it in any way fraudulent?


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PostPosted: Thu Apr 28, 2005 01:24 
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Are you the registered keeper of the vehicle (ie. is it your name on the logbook?)

If so the time limit is 14 days, not 6 months for camera offences.


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PostPosted: Thu Apr 28, 2005 07:47 
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Lum wrote:
Are you the registered keeper of the vehicle (ie. is it your name on the logbook?)

If so the time limit is 14 days, not 6 months for camera offences.


I was going to ask this question too, but popped over to pepipoo to find willko's post there and got the answer. He wasn't listed as the RK - it was a company car.


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PostPosted: Sun May 01, 2005 10:21 
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Had me worried then, I thought it was 14 days if you are the registered keeper.

Correct?


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PostPosted: Sun May 01, 2005 12:44 
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Pretty much, they can have a couple of days for postage too IIRC.


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PostPosted: Sun May 01, 2005 13:52 
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Lum wrote:
Pretty much, they can have a couple of days for postage too IIRC.

No they can't!

They have to post it allowing time for postage, ie first class by day 13, if they are to satify a court that it was served within 14 days (or at least with reasonable expectation that it would be served within 14 days, which seems to be regarded as acceptable).

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