Safe Speed Forums

I have just received a NIP more than 2 months after the alleged offence (37 in 30).
Does the 14 day rule still apply to a NIP or has this been modified?
Also, I saw the van up front and tried desparately to see a sign indicating the limit but there were none (I had just come off a roundabout at the end of a national speed limit- single carriageway-road and assumed the road continued as such as it was not any more built up).
There was a 30 sign just before the roundabout but I assumed that this applied only up to the roundabout.
A 30 sign after the roundabout would clarify the situation as most of us are striving to keep within the limits and would prefer a little help rather than what I see as a REAL SPEED TRAP[/u]

Quick summary of the 14 day rule...

IF you were not stopped and "verbally NIP'd" at the time, then a Notice of Intended Prosecution MUST be sent to the Registered Keeper at the time of the alleged offence, and this must be posted to arrive within 14 days in the normal course of the post.

Is your name on the logbook (V5) and was it at the time of the alleged offence?

_________________
CSCP Latin for beginners...
Ticketo ergo sum : I scam therefore I am!

Thanks JT.
So do I just ignore it or write back and tell them? Or see a solicitor?
Thing is, I don't mind the fine and my licence is clean, I really want something done about the lack of signing to stop others getting caught out.

p.s. yes and yes are the answers.

What is the date of the NIP?
Have you got the original envelope?
Does it show a postmark?

_________________
CSCP Latin for beginners...
Ticketo ergo sum : I scam therefore I am!

Are you sure? There's no hire or lease company involved?

I ask because mostly the camera partnerships are now well up to speed on the 14 day rule and wild errors like this one are fairly rare.

Assuming all is well, I'd write across the NIP in large capital letters 'OUT OF TIME' and send it back by recorded delivery.

It's possible that they will in time claim that this NIP is a reminder since the first (real or otherwise) got no response. It's both at once depressing and amazing that proof of dispatch is regarded as proof of delivery as far as NIPs are concerned. If they appear to have proof of dispatch of an earlier NIP then you still have a fight on your hands.

However, sending out first NIPs after 2 months is an extremely serious matter and I'd be inclined to launch a criminal complaint against the partnership for attempting to pervert the course of justice. After all the law says that such a document is meaningless, so we have to ask what they were trying to achieve by sending it out. £60 comes to mind...

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Paul Smith
Our scrap speed cameras petition got over 28,000 sigs
The Safe Speed campaign demands a return to intelligent road safety

Your responses are appreciated no end.
The car was bought and registered new in August 2005 in my name and address.
The NIP is dated 19th May 2006 and was received this morning, 24th May 2006 in an envelope postmarked 23rd May 2006 which I still have.
The alleged offence was 1st March 2006.
I am afraid I have filled in the details and signed the NIP as I was about to send it back when I came across this forum.
(I had a strange phone call earlier today asking if I still lived at my old address- It crossed my mind at the time that it sounded like a police officer) SPOOKY.
I moved 3/4 years ago.

Steady there Tiger!

Don't send the original back, you need to keep it as evidence. You can get a pro-forma letter from www.pepipoo.com to base your response upon.


This is why I asked what the date of the NIP was. If this is a reminder of a (real or imaginary) initial NIP then the date on the document should give that away.

Even so, my understanding is that if the original was sent by first class post then this creates a "rebuttable presumption" that it was served upon you. What this means is that the court will accept it as being served unless it is proved otherwise.

To prove it otherwise you merely need to stand up in court and say you did not receive it. As long as the court finds you a credible witness then that should be the end of it.

_________________
CSCP Latin for beginners...
Ticketo ergo sum : I scam therefore I am!

Just one other thing that may be relevant;
Admin mentions partnerships - this is from Northumbria Police Fixed Penalty Unit not their Safety Camera Unit. Mean anything?

Remember that even if the NIP is out of time and the speeding cannot be acted on, the S172 request for the driver's details must still be complied with. Otherwise they will probably prosecute for failing to give the information.

I'm confused now Zamzara. JT says keep NIP for evidence; you say I must send it back with my details or I might be prosecuted for not doing so.
I have found the relevant letter on pepipoo and will draft one to send off immediately. Thanks again JT.

I would keep the NIP but send back a letter including all the details requested on the original form, thus discharging your statutory duties under s172.

_________________
CSCP Latin for beginners...
Ticketo ergo sum : I scam therefore I am!

Excellent JT. Will do.
P.S. Is this the site often featured on Talk Sport with Mike Dickin,etc?

Yup..

Who are you calling a site?

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Paul Smith
Our scrap speed cameras petition got over 28,000 sigs
The Safe Speed campaign demands a return to intelligent road safety

Well I wouldn't rush to do anything quite yet. Just to be on the safe side can you confirm the answers to the questions I set earlier?

Ideally, I would suggest you go and start a thread off on pepipoo, if you haven't already, and scan and post a copy of the paperwork you have received, with any identifying details blocked out.

I for one would be much happier to check over that we haven't jointly missed or glossed over some important detail.

_________________
CSCP Latin for beginners...
Ticketo ergo sum : I scam therefore I am!

My earlier p.s. confirmed that I am the registered keeper and was at the time of the alleged offence. My address is, and was the same as on the V5. I see no reason why it has taken so long to send me the NIP.

I have registered on pepipoo but find it a little difficult to negotiate. I filled out the wizard but can see no outcome.
Maybe it is because I studied Latin 35 years ago and am going a bit senile.

The camera never lies!

Stay cool Paul; my subscription is in the post. Would have looked you up earlier if I'd seen the light. (twice).

And tsm says....

Well go on!

_________________
Paul Smith
Our scrap speed cameras petition got over 28,000 sigs
The Safe Speed campaign demands a return to intelligent road safety