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Police traffic car on bypass fly over, Q?
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jeannieblue wrote: »I'm stressing............. there must be so much excitement in Devon & Cornwall and I am missing it!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!0
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sebdangerfield wrote: »If I am, i'd better get a new job!
The following lifted directly from Jane's....
What is the 14 day rule?
The 14 day rule relates only to the period of time in which the Police/Process Unit must serve the original Notice. In many cases, the registered keeper will be a lease company not the actual driver with the result that even if the driver is unaware of the incident, service of the Notice is good if it was sent to arrive at the registered keeper's last known address within 14 days of the offence.
Apology required I think. It's the way the last sentence is worded that causes the confusion. I lifted this form elsewhere which I think makes it a little clearer;
Quote;
I have just received a letter about a speeding offence that allegedley took place on the 19th August. I received the letter (dated 24th September), on the 25th September.
I was under the impression that the NIP had to be served within 14 days. This is clearly over that time, so I was wondering if you thought I would be able to use this technicality as a defence?(Mr Adrian Moore, 4 October 2008)
A.
If you are caught on camera committing a motoring offence, before any action can be taken against you, it is a legal requirement that you must to be informed that you have been caught breaking the law and that the authorities intend to prosecute.
Because you were 'caught on camera' rather than being stopped and served with intent to prosecute by a police officer, a Notice of Intended Prosecution or NIP, will be sent out to you - and this document will be set out in a way that complies with the regulations laid down in the Road Traffic Offenders Act 1988.
Most typically, NIPs relate to speeding offences and running red lights, or similar offences and the obligation is on the authorities to have sent out the Notice in a timely fashion so that it arrives within 14 days of the offence being committed.
So what's with the 14 day limit?
The 14 day limit refers to the amount of time that the Police need to process the original Notice of Intended Prosecution. There is a lot of misinformation about the 14 day rule, but the facts are:- It’s not up to the police to prove that the NIP reached the registered keeper within 14 days
- It is up to the police to be able to prove that in the normal course of events, the NIP would have arrived at the last known address of the registered keeper within the 14 day time limit
The onus is not on the police to chase down the registered keeper of the offending vehicle: all they have to do is prove that they sent out the ticket in time to reach the registered keeper within 14 days if there are no ‘unusual events'.
Can you give me an example of ‘unusual‘ events?
Things such as a postal strike, or the registered keeper no longer being at the last known address. If this happens, the ticket will not be considered void as best endeavours were undertaken to contact those responsible. If the registered keeper is, for example, a leaseholder - or company car driver ,then the driver may well be unaware of the offence within 14 days - but as long as the NIP arrived at the last known address of the registered keeper - the head office or leasing company - in time, that's what matters.I like the thanks button, but ,please, an I agree button.
Will the grammar and spelling police respect I do make grammatical errors, and have carp spelling, no need to remind me.;)
Always expect the unexpected:eek:and then you won't be dissapointed0
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