Notification of Intent to prosecute (speeding)

babyfruitella

Lum wrote: »

It's more complicated than that.

They have 14 days to send the NIP to the registered keeper, the RK has 28 days to respond and then they have 28 days to respond to that.

There is an overall time limit of six months for the camera partnership to serve papers to the Court, but the Court may well take a long longer to actually issue a summons.


In this particular case though, the paperwork has been sent back, hopefully there is some proof of postage, and there will be a response within 28 days of receipt, so whoever said a month back on page one is correct here.

You did get proof of postage, right?

No We didnt see the section saying that they recommended obtaining proof of postage until after he'd posted it. He literally filled it in & went straight to the postbox to send it.

Lum

Call them up a week after you send it off, give them the offence reference and ask them to confirm receipt of the Section 172 form. If they say they have not received it, ask them to send you another copy. When you get the copy, keep a photocopy of the completed form and send it recorded delivery.

If you do nothing and they do not receive it, or lose it, then after 28 days they will serve papers to the court to prosecute you for failure to furnish under Section 172 of the Road Traffic Act, and may well try to do you for speeding as well. You can argue the S172 offence by citing the Interpretation Act, that deems all first class post to have been received within 10 days, but they will still do you for the speeding offence as well, and since it's in court they have the option to increase the fine to up to £1000 and 6 points (and the S172 offence carries that same fine if you are found guilty).

Sorry if this sounds overly alarmist, but it's something you want to avoid and a single phone call will put it to rest.

vaio

Lum wrote: »

.....Don't worry about all the people saying it will go to court. It will not go to court. The default action is 26mph over the limit = court and this doesn't vary like speed awareness does.......

Out of interest, where did you get the 26 mph figure?

Which report the ACPO guidelines as “prosecute at 50 in a 30” but do mention it can vary by force.

http://www.which.co.uk/cars/driving/driving-advice/dealing-with-speeding-tickets/speeding-fines-your-rights/

babyfruitella

Lum wrote: »

Call them up a week after you send it off, give them the offence reference and ask them to confirm receipt of the Section 172 form. If they say they have not received it, ask them to send you another copy. When you get the copy, keep a photocopy of the completed form and send it recorded delivery.

If you do nothing and they do not receive it, or lose it, then after 28 days they will serve papers to the court to prosecute you for failure to furnish under Section 172 of the Road Traffic Act, and may well try to do you for speeding as well. You can argue the S172 offence by citing the Interpretation Act, that deems all first class post to have been received within 10 days, but they will still do you for the speeding offence as well, and since it's in court they have the option to increase the fine to up to £1000 and 6 points (and the S172 offence carries that same fine if you are found guilty).

Sorry if this sounds overly alarmist, but it's something you want to avoid and a single phone call will put it to rest.

He's going to call them on Friday. Will they tell him that information over the phone then? I wasn't sure they would, so thats good to know!

Hammyman

marcowil wrote: »

If it's his first offence he may just be offered a place on a speed awareness course in place of a fine/points.
I attended one last year and it cost £85 but meant that my licence was still clean.

Not for 66% above the speed limit he won't.

2010

Can anyone tell me if they have to issue you with a NIP within two weeks of the offence?

roddydogs

Lum wrote: »

You wont get offered a speed awareness course for 49 in a 30, not even in today's climate where speed awareness is the only way camera partnerships can make any money.

It'll be a "Conditional Offer of Fixed Penalty", which is to say £60 and 3 points with no need to go to court.

Whether you get offered a speed awareness course is nothing to do with whether it's your first offence or not, there is a maximum speed (varies by police force) that you have to be under to get offered one (e.g. 38 in a 30), and you can only do one course in 3 years. This means if you've never done one, but have 9 points on your licence, then get caught doing 35 in a 30, you can do the course and keep your licence.


Edit: Also, depending on the road 49 in a 30 might not be so bad. You say 30 and people immediately assume "residential area" but it could have been one of those stupid 30mph dual carriageways with barriers either side, at 3 in the morning and with overgrown hedges obscuring the limit reduction.

Like Reigate Road, Epsom, ? Guess where the Police always lie in wait.

Woody._2

2010 wrote: »

Can anyone tell me if they have to issue you with a NIP within two weeks of the offence?

Yes, to the registered keeper.

fivetide

Hammyman wrote: »

Not for 66% above the speed limit he won't.

That was my thought too.

Not sure on this 26mph thing (happy for Lum to show where it comes from) but for me it would be a percentage of the posted limit especially given the 10% +2 guideline for getting a ticket in the first place.

Also, not sure it matters what road it was on unless it does go to court. All they see is the pic from the camera, bang to rights etc and dish out the associated action surely? If you went to court then you could plead 3am on a deserted motorway but until then speeding is an absolute offence so it doesn't matter at all.

As I said, happy to be corrected with some evidence.


5t.

ChiefGrasscutter

If he was recorded at an accurate 49mph ......then his speedometer (which always over read) would probably be actually reading in the mid 50's!