6 Month Limit

funky1471

Hi,
If someone receives a speeding fine on the 27th Nov, and the notice (NIP) is sent on the 4th of Dec, with the response sent back by 7th December when does the 6 month limit start from? Is it from the 27th or the 4th?
It was sent it back and have received no response to confirm the NIP was received, a follow up email was sent in early January no response from that either......Just a default auto response saying emails will be dealt with in date order.
The saddest thing (for person accused of speeding) is there's no proof of postage of the NIP going back although it was definitely sent first week in Dec. The only "proof" is the email chasing this up which was so far not responded to.
Does the 6 month limit apply? Does that limit expire at 28th May? If so is the right thing to do to write to the prosecuting police force and ask them to confirm in writing that no action can now be taken? 
I don't think it's ever a good idea to leave something outstanding without getting confirmation in writing, even if time limits expire - You see too many stories of people who missed letters or didn't hear from somebody and 5 years later it turns out there's a warrant or high court writ out for them 😂 

Redx

As this is not a private PCN , join pepipoo fightback forums using a non Hotmail email address and post in the relevant section there , attaching copies of all paperwork etc

TooManyPoints

The six month time limit to begin prosecution begins on the day of the offence. So court action must begin by 27th May. That action will begin with a "Written Charge" which notifies the court of the action and a "Single Justice Procedure Notice" which notifies the defendant. This does not mean necessarily the defendant will be notified within six months. In many areas they take all of the six months so it may be a couple of weeks after that before the SJPN is received.

Whoever this is needs to keep on top of this because if his response was not received he will be charged with "failing to supply driver's details" which carries six points. Was it too fast for a course or fixed penalty? Let me know the speed and limit and I'll tell you.

Manxman_in_exile

You should have left this in the general Motoring section where you originally posted.  (Although I would point out that this board is rather confusingly named "Parking Tickets, Fines and Parking", so your error is entirely understandable.  It would make more sense if the board was simply called "Parking Tickets and parking fines").

Take note of what TooManyPoints said about keeping a close eye on this.  After six months has passed from the date of the offence it's worth checking what is happening.  If they haven't already commenced proceedings within six months they're out of time anyway so it would be too late for them to do anything if you did remind them.

Umkomaas

Although I would point out that this board is rather confusingly named "Parking Tickets, Fines and Parking", so your error is entirely understandable.  It would make more sense if the board was simply called "Parking Tickets and parking fines").

We have tried ......!  Deaf ears, I'm afraid. 

Le_Kirk

Manxman_in_exile said:

You should have left this in the general Motoring section where you originally posted.  (Although I would point out that this board is rather confusingly named "Parking Tickets, Fines and Parking", so your error is entirely understandable.  It would make more sense if the board was simply called "Parking Tickets and parking fines").

..... or even better Parking Tickets and speculative invoices or even, as one regular puts it, scamvoices!  As @Umkomaas writes above, we have tried!

TooManyPoints

..or even better Parking Tickets and speculative invoices

But it's neither of those. This matter relates to a potential criminal prosecution and the result in the event of a conviction will be a fine and an endorsement, together with penalty points or a ban. Such matters usually appear on the general "Motoring" board.

Coupon-mad

Far better that we send people to pepipoo, that works and isn't a problem.  They deal with NIPs on this board:
http://forums.pepipoo.com/index.php?showforum=5

TooManyPoints

Posters will receive perfectly adequate answers on here (at least from me and one or two others they will).

Johnmcl7

If the response hasn't been received then it's not the speeding offence that they'll proceed with since they don't know who was driving but instead failure to furnish and the six month time limit for that offence starts 28 days after the S172 response arrived.  This offence carries a hefty six points and an insurance unfriendly MS90 conviction so I wouldn't assume the case has been missed and not going to proceed any further.

TooManyPoints

28 days after the S172 response arrived. 

Just to be clear, it is 28 days after the s172 request was served. It is presumed to be served 2 working days after posting (unless the contrary can be shown). Provided there is proof of posting, that presumption holds good even if the notice was not received at all. If the defendant wants to defend the matter on the basis that it wasn't served he has to prove that it wasn't.