Speeding Fine - car noted as goods vehicle?

williamgriffin

Rover_Driver said:

TooManyPoints said:

Sorry to harp on, but what point are you trying to make here?

s.89, Road Vehicles Regulation Act 1984 covers speeding from that, and any other act since 1960 and creates the relevant offence. That is a reason why it is necessary to check with the OP what is actually on the NIP, if it is only for exceeding the speed limit for a goods vehicle (s.86), and no mention of exceeding the speed limit on a road (s.81 or s.84), they are different speeding matters and a query to the relevant authority may result in no further action being taken.

I see what your saying but do you have any case law to back that up?

Given there's no legal wording for a verbal NIP and telling them they will be reported for consideration of the question of prosecution for the offence of exceeding the speed limit would suffice at the road side. Then won't a written notice for exceeding a speed limit suffice and is the act and section strictly necessary? After all it's not a summons or charge. 

ontheroad1970

williamgriffin said:

Rover_Driver said:

TooManyPoints said:

Sorry to harp on, but what point are you trying to make here?

s.89, Road Vehicles Regulation Act 1984 covers speeding from that, and any other act since 1960 and creates the relevant offence. That is a reason why it is necessary to check with the OP what is actually on the NIP, if it is only for exceeding the speed limit for a goods vehicle (s.86), and no mention of exceeding the speed limit on a road (s.81 or s.84), they are different speeding matters and a query to the relevant authority may result in no further action being taken.

I see what your saying but do you have any case law to back that up?

Given there's no legal wording for a verbal NIP and telling them they will be reported for consideration of the question of prosecution for the offence of exceeding the speed limit would suffice at the road side. Then won't a written notice for exceeding a speed limit suffice and is the act and section strictly necessary? After all it's not a summons or charge. 

It wasn't a verbal NIP.  

Car_54

ontheroad1970 said:

williamgriffin said:

Rover_Driver said:

TooManyPoints said:

Sorry to harp on, but what point are you trying to make here?

s.89, Road Vehicles Regulation Act 1984 covers speeding from that, and any other act since 1960 and creates the relevant offence. That is a reason why it is necessary to check with the OP what is actually on the NIP, if it is only for exceeding the speed limit for a goods vehicle (s.86), and no mention of exceeding the speed limit on a road (s.81 or s.84), they are different speeding matters and a query to the relevant authority may result in no further action being taken.

I see what your saying but do you have any case law to back that up?

Given there's no legal wording for a verbal NIP and telling them they will be reported for consideration of the question of prosecution for the offence of exceeding the speed limit would suffice at the road side. Then won't a written notice for exceeding a speed limit suffice and is the act and section strictly necessary? After all it's not a summons or charge. 

It wasn't a verbal NIP.  

It certainly was. Not oral, but certainly verbal.

Rover_Driver

TooManyPoints said:

. Are you suggesting he need not respond because he was not driving a goods vehicle? Whilst the information on his NIP gives an avenue for a query that's all it does because otherwise it is irrelevant.

The OP must reply in time to the s.172 requirement. It can all hinge on the validity of the NIP, which is a completely different matter.

TooManyPoints

...and is the act and section strictly necessary? After all it's not a summons or charge.

Exactly. The detail is not necessary and if it is provided incorrectly it is not fatal to anything that may follow. All that is necessary is that the NIP describes "the nature of the offence." And as I keep saying, this particular NIP was not necessary at all. 

It wasn't a verbal NIP. 

No it wasn't. But I think that a verbal NIP was mentioned as an analogy to a written one. All a police officer at the roadside would say is (roughly) "I'm reporting you for speeding and must warn you that a prosecution may follow".  That is "the nature of the offence". If he had said he was reporting the driver for exceeding the vehicle for a goods vehicle and a car was being driven, that would not prevent a prosecution for exceeding the limit for cars.

williamgriffin

ontheroad1970 said:

williamgriffin said:

Rover_Driver said:

TooManyPoints said:

Sorry to harp on, but what point are you trying to make here?

s.89, Road Vehicles Regulation Act 1984 covers speeding from that, and any other act since 1960 and creates the relevant offence. That is a reason why it is necessary to check with the OP what is actually on the NIP, if it is only for exceeding the speed limit for a goods vehicle (s.86), and no mention of exceeding the speed limit on a road (s.81 or s.84), they are different speeding matters and a query to the relevant authority may result in no further action being taken.

I see what your saying but do you have any case law to back that up?

Given there's no legal wording for a verbal NIP and telling them they will be reported for consideration of the question of prosecution for the offence of exceeding the speed limit would suffice at the road side. Then won't a written notice for exceeding a speed limit suffice and is the act and section strictly necessary? After all it's not a summons or charge. 

It wasn't a verbal NIP.  

No ones said it was.

ontheroad1970

williamgriffin said:

Rover_Driver said:

TooManyPoints said:

Sorry to harp on, but what point are you trying to make here?

s.89, Road Vehicles Regulation Act 1984 covers speeding from that, and any other act since 1960 and creates the relevant offence. That is a reason why it is necessary to check with the OP what is actually on the NIP, if it is only for exceeding the speed limit for a goods vehicle (s.86), and no mention of exceeding the speed limit on a road (s.81 or s.84), they are different speeding matters and a query to the relevant authority may result in no further action being taken.

I see what your saying but do you have any case law to back that up?

Given there's no legal wording for a verbal NIP and telling them they will be reported for consideration of the question of prosecution for the offence of exceeding the speed limit would suffice at the road side. Then won't a written notice for exceeding a speed limit suffice and is the act and section strictly necessary? After all it's not a summons or charge. 

Really?

Segandy

Hi all- OP here
thanks for all the comments on my original post! Certainly stirred up some debate. 

Anyway, I thought I’d give you an update. 

I sent off my driver details as requested by North Yorks police. I put a note at the bottom asking the question why was it worded Goods Vehicle when my vehicle is a regular SUV. 
I received a letter today telling me the fine was cancelled and no further action! 

I can only guess it was something to do with the goods vehicle thing. 

I’ve posted a screenshot of the letter. 

Anyway, thanks for your help & advice! 

Andy

Car_54

Excellent result!

Biggus_Dickus

Well done OP;...your timely intervention has obviously proved pivotal.