Urgent Help NIP for alleged speeding please

Butterfli

Bit of a long story but here goes. I Have received NIP for speeding at 52 mph on temp.restriction of 40 mph on motorway in roadworks automatic camera device. Photographic evidence shows number plate only on a totally black background and states it is from an approved device.
No mention of device is given, only one photo with no speed or time markings on it and no photo of driver.

NIP arrived 16 days after alleged offence. I had only returned from trip away on 15 day but as I have someone check my mail daily when I am away for important stuff needing urgent attention I have a witness who can say it wasn't delivered. Also have an inquiry number from Royal Mail as I rang them too to ask if they could tell me when they had received it. NIP was not sent recorded btw.

I sent back the driver declaration but with an accompanying letter stating that as it hadn't arrived on time under the 14 day rule I was requesting that the Notice of Intended Prosecution was withdrawn.

I then received a Conditional Offer of Fixed Penalty, no other reply to my letter, but stay with me because the plot then thickens .
However included in the envelope was a letter to a gentleman of the same surname in Leicestershire who had also obviously written to Essex Police about an alleged driving offence. The gist of that letter was that they would only enter into correspondance on points of law but enclosed for him Court and General Information and requested that he completed and returned the necessary paperwork .
I had already returned my paperwork declaring that I was the driver but pointing out that I had not received the NIP within 14 days of alleged offence. These I had sent by recorded delivery.

There is no reason for late delivery as I am registered keeper of vehicle, for the last 3 yrs and I have lived in the same house for 25 years so there shopuld have been no trouble finding me as RK.

I returned from my latest trip abroad at 2am yesterday and spent all of yesterday afternoon and evening on another site trying for help.
I had hoped to have a consensus of opinion from that board as I felt I needed people with more experience than I to give input before I threw in the towel so to speak or fought it out.

I'm very upset by all of this and although I've never been afraid to stand up against injustice I'm beginning to think that it may cost me less stress just to send them the damned money and take the 3 points on my pointfree licence.

I have to do something today as the Conditional Offer is dated 9th June so if I'm going to cough up I have to act now.
It galls me though to just pay up because there are obviously very slipshod procedures in place in Essex.

In addition the photo that I received with the NIP was only of my Reg. Plate with totally black background - suggests that it had been enhanced, which I believe is illegal???

Or should I ring up the phone number on letter received for other person in the hope of getting hold of the officer in charge?

Anyone who can help please post asap, I'm in a bit of a stew about all of this !!!

Many thanks in advance.

Markyt

https://www.pepipoo.com is your friend here.

lightisfading

In addition the photo that I received with the NIP was only of my Reg. Plate with totally black background - suggests that it had been enhanced, which I believe is illegal???

Can't help you with the rest but if you take a flash photo of a highly reflective surface like a numberplate at night everything else often will come out pitch black - your lights should show up though. (I have a photo at home I took - the numberplate shows clearly, with the streaks of light, and the rest of the car is completely invisible).

Chippy_Minton_2

I guess your only course of action, if you don't want the points is to have the matter heard at court. I would however suggest that you seek legal advice as to how to proceed, the basis of your defence being the fact you had the NIP outside 14 days. Quitte how you prove this I don't know.

It does not need to be sent recorded and once posted it is classed as served.

As for the photo, it is only to prove the offence, ie your vehicle @ excess speed.

Butterfli

Thanks Markyt, but that was the site I spent all day hanging around on yesterday.
I posted on there at the beginning of this debacle but made some errors filling out the NIP Wizard due to the fact that I'm basically a clutz whoknows very little about this stuff and I flustered easily.
I updated with latest developments yesterday afternoon and redid the Wizard and then hovered around the site until the early hours of this morning. I did get one person to respond but was accused of being cavalier in my attitude, giving inaccurate information or any information.
Upset me quite a bit, I can tell you, as I am one of the most honest people you will ever meet.
Daft thing was that I had tried very hard to get back to the site whilst I was away but couldn't remember the link and couldn't get my head round the new netbook I'd taken with me to stay in touch.
Told you I was a clutz, didn't I?
Anyway, flash of inspiration and I remembered getting the link from MSE - where else ???
Just a pity that t'other site doesn't seem to like me much so any help here is eagerly awaited.

Pew_Pew_Pew_Lasers!

If the NIP didn't arrive at the address of the registered keeper within 14 days of the offence, it is invalid.

Butterfli

lightisfading wrote: »

In addition the photo that I received with the NIP was only of my Reg. Plate with totally black background - suggests that it had been enhanced, which I believe is illegal???

Can't help you with the rest but if you take a flash photo of a highly reflective surface like a numberplate at night everything else often will come out pitch black - your lights should show up though. (I have a photo at home I took - the numberplate shows clearly, with the streaks of light, and the rest of the car is completely invisible).

Thanks, that's what is on my photo.
I'd just read that there was another guy who'd had a a similar photo in the same police authority who'd taken them on and it turned out that they had enhanced the photos which is apparently illegal.
No chance of me going to the trouble that he did though as time has been against me all along on this one with me being out of the country twice whilst all this was happening.

Thanks for your input though, much appreciated.

Quentin

Does your NIP have a postmark on the envelope? It only needs to be posted in time to be delivered within the 14 days assuming normal postal service. (The clock starts from the day after the offence). If it is delayed in the post, then that isn't a defence for you to use.

lcazma70

Ihave no pertinent experience but see how galling this is. to save costs escalating can you pay fine with accompanying letter of explanation and fight on afteer this deadline? points are removed after fault has been proven to be incorrect so dont give up but try to relax whilst doing it. no use having a point free license and a coronary.. !!!! Good luck to you

Butterfli

Pew_Pew_Pew_Lasers! wrote: »

If the NIP didn't arrive at the address of the registered keeper within 14 days of the offence, it is invalid.

That's what I understood too and as I said when I am away my mail is checked by a third party every day for important stuff that needs urgent attention and it hadn't arrived by the 15th day when it was last checked by third party, which was also when I returned home but was in the post the next day i.e 16th day.

I did ask a solicitor for advice who seemed to think that I had a good case but as charge would be £1000 for taking the case I just cannot afford it and if it goes pear shaped in court like the Drs wife's case did the court costs were horrendous and ruinous.

Maybe I should just pay up?
Or ring the officer in charge?

Butterfli

Quentin wrote: »

Does your NIP have a postmark on the envelope? It only needs to be posted in time to be delivered within the 14 days assuming normal postal service. (The clock starts from the day after the offence). If it is delayed in the post, then that isn't a defence for you to use.

Quentin, when I get back after a trip I always have loads of post not to mention emails to reply to and so I've developed the habit of opening envelopes and shredding them immediately so that I don't suffocate under a mountain of waste paper!

Hence the pertinent envelope has gone but I do know that it wasn't recorded delivery.