How to contest a speeding ticket

highrisklowreturn

My father got a letter the other day, addressed to him, at his address, accusing him of speeding in October last year - yes, issued 3 months after the supposed offense. However, at the time I was the driver of the car and the owner. Apparently I hit 44 in a 30 zone.

No I wouldn't know what the limit is because there are no signs up; and also everyone does 40 on this part of the road, as the road opens up from the city into the country.

The police - in NI - have basically said I'm getting a £60 fine and 3 points. Is there any way to contest this - I don't even remember hitting that speed, on that occassion, and don't know what it's all about owing to how far back it was.

And what is the act of statue covering speeding offences?

thanks in advance

Sgt_Pepper_2

You can't contest it, you have to take the matter to court.

Were there lampposts on the road in question?

When was the first nip served?

dacouch

Sgt_Pepper wrote: »

You can't contest it, you have to take the matter to court.

Were there lampposts on the road in question?

When was the first nip served?

Are you not aware that the everyone else speeds there is a valid legal defence?

Sgt_Pepper_2

dacouch wrote: »

Are you not aware that the everyone else speeds there is a valid legal defence?

I missed that amendment to the rta.

Everyone does 40, so the op does 44. So would still be speeding if they thought it was a 40 limit.

agrinnall

Fines can be issued up to 6 months after the offence (although the NIP has to be sent/reach the registered keeper [some debate on this] within 14 days - did it?). What would be your basis for the challenge? Presumably they have photographic evidence showing the car and the speed it was doing. Unless you can find a procedural flaw you may as well pay up and accept the points.

brat

30mph repeater signs are only permitted if there are no street lamps or if they are more than 200 yards apart.

The fact that it's a 30mph road that everyone does 40+ on is fishing in a barrel for the remote speed enforcers, and they just love that kind of location.

I'd be paying up and moving on. Life's too short.

Sgt_Pepper_2

brat wrote: »

30mph repeater signs are only permitted if there are no street lamps or if they are more than 200 yards apart.

The fact that it's a 30mph road that everyone does 40+ on is fishing in a barrel for the remote speed enforcers, and they just love that kind of location.

I'd be paying up and moving on. Life's too short.

Bad advice there brat.

Until we get to the bottom of the nip there is hope for the op.

kingstreet

A NIP has to be served on the registered keeper within 14 days of the alleged offence (the date of the offence is day 0) unless there is a reason why this could not happen, such as a change of ownership or address.

Part of the NIP is a S172 request to name the driver. Your father should complete this, with your details, returning it within the allowed 28 days, keeping a copy and obtaining proof of posting.

You should then receive your own NIP and can seek advice here;-

http://forums.pepipoo.com/index.php?showforum=5

for how to proceed.

If your father fails to identify the driver, he faces a charge which carried 6 points, a £500ish fine and inflated insurance premiums for the next five years the MS90 conviction will bring.

Keep the envelope which brought the first NIP and investigate the late service aspects on Pepipoo when your father has discharged his responsibility. Late service does not affect his requirement to name the driver.

brat

Sgt_Pepper wrote: »

Bad advice there brat.

Until we get to the bottom of the nip there is hope for the op.

Fair enough, yet virtually every time I hear someone complain that more than 14 days has elapsed before the relevant person received the NIP, there's an explanation that prevents a defence.
Perhaps the OP will enlighten us.

For the OP, the 1984 Road Traffic Regulation Act covers speeding matters, while the 1988 Road Traffic Offenders Act S1 covers NIP issues.

Sgt_Pepper_2

Brat, I agree however lets give the op the benefit of the doubt. Strange how they haven't had a nip if they were the owner at the time.

brat

Sgt_Pepper wrote: »

Brat, I agree however lets give the op the benefit of the doubt. Strange how they haven't had a nip if they were the owner at the time.

I'm just gauchely trying to cover my forgetting that the op had mentioned a 3 month gap.:embarasse