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Gatso. How long do they have

Dobba9
Dobba9 Posts: 1 Newbie
in Motoring
When you are flashed by a Gatso camera, how long do they have to send you a notice of prosecution?
«1

Comments

  • Johnmcl7
    Johnmcl7 Posts: 2,832 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    If the car's V5 is in your name and there have been no change of details, they have 14 days.

    John
  • Sgt_Pepper_2
    Sgt_Pepper_2 Posts: 3,644 Forumite
    14 days to nip the registered keeper.
    6 months to lay summons before a court.
  • deanos
    deanos Posts: 11,239 Forumite
    Part of the Furniture 10,000 Posts Uniform Washer
    They have 14 days to issue the letter, so they could post it on the 14th day, add a few days for it to arrive so after 21 days you should be ok
  • Johnmcl7
    Johnmcl7 Posts: 2,832 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    deanos wrote: »
    They have 14 days to issue the letter, so they could post it on the 14th day, add a few days for it to arrive so after 21 days you should be ok

    No, they have to post it to arrive within 14 days - if the NIP is posted within the 14 day timeline but arrives outside the 14 days then it's too late and the person cannot be prosecuted for the offence even if it isn't the police's fault for the delay (such as snow or a postal strike, see Peter Gidden's case). The requested details must still be provided though otherwise the person can be convicted of failure to furnish.

    John
  • deanos
    deanos Posts: 11,239 Forumite
    Part of the Furniture 10,000 Posts Uniform Washer
    Johnmcl7 wrote: »
    No, they have to post it to arrive within 14 days - if the NIP is posted within the 14 day timeline but arrives outside the 14 days then it's too late and the person cannot be prosecuted for the offence even if it isn't the police's fault for the delay (such as snow or a postal strike).

    John

    yes you seem correct im mistaken, but if it gets delayed then it still stands from what i have just read,as long as its posted to arrive within 14 days,so if they sent on 12th day 1st class it would expected to arrive in time
  • sarahg1969
    sarahg1969 Posts: 6,694 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 16 September 2012 at 9:28PM
    deanos wrote: »
    yes you seem correct im mistaken, but if it gets delayed then it still stands from what i have just read,as long as its posted to arrive within 14 days,so if they sent on 12th day 1st class it would expected to arrive in time

    If posted in time, it is presumed to have been served in time. But that presumption is rebuttable if it does not in fact arrive.

    It does not still stand if it's late.
  • LincolnshireYokel
    LincolnshireYokel Posts: 764 Forumite
    deanos wrote: »
    yes you seem correct im mistaken, but if it gets delayed then it still stands from what i have just read,as long as its posted to arrive within 14 days,so if they sent on 12th day 1st class it would expected to arrive in time

    No, its has to turn up on your doorstep by 23:59 on day 14, or its timed out. Its irrelevant when they post it. Thats why its important to keep the envelope for the postmark.
    **** I hereby relieve MSE of all legal responsibility for my post and assume personal responsible for all posts. If any Parking Pirates have a problem with my post then contact me for my solicitors address.*****
  • sarahg1969
    sarahg1969 Posts: 6,694 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    LincolnshireYokel wrote: »
    No, its has to turn up on your doorstep by 23:59 on day 14, or its timed out. Its irrelevant when they post it. Thats why its important to keep the envelope for the postmark.

    The first NIP also has to be served by first class post (or better). If posted second class, it is not served.
  • Johnmcl7
    Johnmcl7 Posts: 2,832 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    deanos wrote: »
    yes you seem correct im mistaken, but if it gets delayed then it still stands from what i have just read,as long as its posted to arrive within 14 days,so if they sent on 12th day 1st class it would expected to arrive in time

    No, Sarah is correct - even if they post it correctly on the first day possible and it gets held up in the postal system then doesn't arrive until after the 14 days, if the RK can prove it was late then the NIP is invalid.

    http://news.bbc.co.uk/1/hi/england/south_yorkshire/8332523.stm

    John
  • deanos
    deanos Posts: 11,239 Forumite
    Part of the Furniture 10,000 Posts Uniform Washer
    Johnmcl7 wrote: »
    No, Sarah is correct - even if they post it correctly on the first day possible and it gets held up in the postal system then doesn't arrive until after the 14 days, if the RK can prove it was late then the NIP is invalid.

    http://news.bbc.co.uk/1/hi/england/south_yorkshire/8332523.stm

    John

    Realistically how can you prove its late though ?
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