Speeding Ticket

Stefano123

I've received a NIP, outside of the 14 days notice required, which I challenged. The local force responded via email and said they had sent a first NIP to the lease vehicle company who are the registered keeper of the vehicle within this time so the NIP stands. They've not provided any evidence that this was the case and have merely stated to me in an email that they've acted within the law. Surely they should have to provide me with evidence that this was the case.

Anyone know whether I have further grounds to appeal this?

NB If it earns me any sympathy I was doing 36 in a 30 at 4am Sunday morning in a quiet semi-rural setting ...

DoaM

The NIP is legal and stands - they don't need to provide any evidence to you unless you opt for a court appearance (not recommended).

At 36 mph you've breached the first hurdle of the ACPO Guidance (PDF) ... if a speed awareness course (education - see section 9.6) is offered you're probably best accepting it.

Quentin

Surely you know who is the RK - and also that it ain't you!


No sympathy can be earned for admitting you broke the law!


If it's a while since you did one, and you don't have too many points already, then expect to be offered a course as an alternative to automatic points (if you agree to accept them!)

Car_54

First, you can't "appeal" against a NIP. It's simply a notice: you haven't been accused of anything (yet).



Whether it's valid or not, the s172 request to name the driver certainly is, and you must respond to that within the time stated.


Because you haven't been charged with anything you can't demand evidence. It is very rare for a NIP to be served late these days, and the police will certainly have a paper trail to prove it was sent out on time.


For that speed (provided the offence was in England and Wales and you reply in time) you will be offered a speed awareness course if you qualify: failing that a fixed penalty of £100 and 3 points.

Car_54

Quentin wrote: »

If it's a while since you did one, and you don't have too many points already, then expect to be offered a course as an alternative to automatic points (if you agree to accept them!)

Points are irrelevant.

mchale

[quote=[Deleted User];74932843]First, you can't "appeal" against a NIP. It's simply a notice: you haven't been accused of anything (yet).



Whether it's valid or not, the s172 request to name the driver certainly is, and you must respond to that within the time stated.


Because you haven't been charged with anything you can't demand evidence. It is very rare for a NIP to be served late these days, and the police will certainly have a paper trail to prove it was sent out on time.


For that speed (provided the offence was in England and Wales and you reply in time) you will be offered a speed awareness course if you qualify: failing that a fixed penalty of £100 and 3 points.[/QUOTE]


https://www.shropshirestar.com/news/uk-news/2018/09/27/david-beckham-avoids-prosecution-on-speeding-charge/

Stefano123

Thanks best just cut my losses I guess.

Quentin

You could try and ascertain when the original NIP was received (a la Mr Loophole) which would mean you were in the pound seats in the same boat as Mr Beckham if it too was delivered late

Ant555

Quentin wrote: »

You could try and ascertain when the original NIP was received (a la Mr Loophole) which would mean you were in the pound seats in the same boat as Mr Beckham if it too was delivered late

I think a key point of evidence in that case was that the registered keepers (Bentley Motors) routinely date stamp all their post as it is opened on the day it is received. The NIP had a stamp that was dated 1 day later than the 14 allowed.
I assume that Mr Freemans office requested the original NIP from Bentley Motors as a matter of routine in the search for any slight error in the paperwork - scrutiny of paperwork and procedure is how his reputation has been built.

The judge believed them.

Car_54

mchale wrote: »

https://www.shropshirestar.com/news/uk-news/2018/09/27/david-beckham-avoids-prosecution-on-speeding-charge/

FWIW the evidence in Mr Beckham's case showed that the NIP was indeed sent out in time, allowing two days for delivery by 1st class post as the law specifies. For whatever reason, delivery was delayed by Royal Mail.

AndyMc.....

[quote=[Deleted User];74933133]FWIW the evidence in Mr Beckham's case showed that the NIP was indeed sent out in time, allowing two days for delivery by 1st class post as the law specifies. For whatever reason, delivery was delayed by Royal Mail.[/QUOTE]

Or stamped late at Bentley, either way we'll never know.