Mobile Speed Camera Van

Warwick_Hunt

AdrianC wrote: »

You miss my point. The legislation does not require it to be delivered. It requires it to have been sent in sufficient time to have a reasonable expectation of delivery. If it gets lost or delayed in the post, then it does not become invalid.

The legislation requires it to be served.

weejangus

Burton08 wrote: »

Do you know how long your friends NIP took to come time of OFFENCE until NIP was received? Was it the full 2 weeks? It's this waiting time whats the nightmare thanks

Can't comment on this MSE members friend however a good few years ago, I received a NIP after being clocked by one of these "Safety Camera Partnership" vans - I was allegedly doing at 71mph in a 60mph limit.

The incident happened on a Saturday, I received the NIP on the following Tuesday - so 2 working days.

As others have said, I'd be very surprised if you receive anything when doing 3 mph over the limit (but it's still possible). They have 14 days to issue the NIP but in my experience they will send it out within a few days.

Hope that helps.

J

weejangus

Warwick_Hunt wrote: »

The legislation requires it to be served.

I thought this too however I was advised by the Safety Camera Partnership that they send all NIP's out by first class post and keep a record of them. Apparently the courts will consider it "served" as long as they have a record of posting it within 14 days.

Not 100% sure on the legalities, that's just what they told me.

waamo

The case law on this is Gidden.

In that it was decided it had to be in your sticky palm by day 14.

Read it here http://www.bailii.org/ew/cases/EWHC/Admin/2009/2924.html

AnotherJoe

Burton08 wrote: »

Do you know how long your friends NIP took to come time of OFFENCE until NIP was received? Was it the full 2 weeks? It's this waiting time whats the nightmare thanks

No but I'll ask.

iltisman

33 on a speedo could easily be 29 mph so the only risk is prosecution for impeding the flow of traffic.

Where are the self righteous brigade they must be on holiday.

AnotherJoe

OK they arent exactly sure, about ten days is their best guess.

Car_54

waamo wrote: »

The case law on this is Gidden.

In that it was decided it had to be in your sticky palm by day 14.

Read it here http://www.bailii.org/ew/cases/EWHC/Admin/2009/2924.html

Again, not quite. The ruling simply makes clear that the normal presumption of delivery is rebuttable. The onus is on the addressee to prove non-delivery.

Mr Gidden had provided evidence to that effect, but had been convicted in the lower courts on a mis-application of the law. He won his appeal because the High Court agreed that his interpretation was the correct one.

In other words, if it reaches your sticky palm on day 15 you have to convince a court of that fact.

Jackmydad

Couple of things occur to me.
One is that if you have been "done" then that's it. There's nothing you can do about it so little point in worrying about it at least until the NIP arrives. We all risk getting a ticket every time we go out if we let the speed drift over the limit.

The other is not to get used to reading your speed off the GPS. Using the speedo tends to give you around a 10% "buffer". Doing a few mph under the posted speed, assuming that it's safe to do so anyway, is not going to make any difference to your life.

z1a

iltisman wrote: »

33 on a speedo could easily be 29 mph so the only risk is prosecution for impeding the flow of traffic.

Where are the self righteous brigade they must be on holiday.

Only if the speedo is illegally inaccurate.