Speeding Advice / Entrapment

TooManyPoints

I do think this is unfair, especially with the increasingly poor postal service. It's unfair to double the penalty just because you are slower with paperwork, more older people use mail and will not pay online.

There is no "doubling of the penalty" involved with speeding offences.

The recipient of the request for driver's details has 14 28 days to respond. The penalty for failing to do so is a charge of "failing to provide driver's details".  However, many police forces provide a reminder (though they have no obligation to do so) and usually allow another seven days after that. Even then they will no usually begin proceedings immediately and will usually accept a late nomination. The only time it becomes an issue is if the speeding offence is close to "timing out" (six months after the date of the offence).

As far as using mail goes, it is obligatory for the driver to return his response signed and on paper. E-mail  or online responses are only permitted where the recipient of the request is nominating somebody else as the driver. This is because the signed response forms part of the evidence to support a speeding prosecution in court. It is all the police have to prove who was driving and an e-mail or online response is not acceptable as evidence.

As far as this example goes, the OP has received the request and has all the information he needs to respond to it (and did have when he first saw the request). He has no reason to delay his response and the police cannot be said to be "turning the screw".

Car_54

Baldytyke88 said:

Iceweasel said:

The law says 14 days - how much longer would you suggest?
A month? Two months?

Many people don't get a daily postal service and then when sending mail the post box may not be emptied daily, think about people living in rural areas or flats, maybe they have gone on holiday for a while, not just older people.

So I think a month would be adequate in these changing times.

Under the Royal Mail universal service obligation every UK address should get mail 6 days a week.

And the law actually allows 28 days, not 14.

Goudy

The OP suggested the Police were turning the screw and only having days to respond, but the OP was on holiday for two weeks.

I can only presume the Police knew they were on holiday when the NIP was posted if this is the reasoning behind the Police turning the screw comment.

You have 28 days from date of receipt to respond to a NIP. (date of receipt is presumed to be two working days after it was posted).

You'll also sometimes get a reminder if they don't get a respond from the first NIP, then it's more difficult to argue the post messed it up.

Okell

TooManyPoints said:

I do think this is unfair, especially with the increasingly poor postal service. It's unfair to double the penalty just because you are slower with paperwork, more older people use mail and will not pay online.

... The recipient of the request for driver's details has 14 days to respond...

Knowing how knowledgeable you are, I can only assume a typo or a "senior moment"(?)

kimwp

Baldytyke88 said:

Iceweasel said:

The law says 14 days - how much longer would you suggest?
A month? Two months?

Many people don't get a daily postal service and then when sending mail the post box may not be emptied daily, think about people living in rural areas or flats, maybe they have gone on holiday for a while, not just older people.

So I think a month would be adequate in these changing times.

Seeing a big flash when exceeding the speed limit would be a good indicator to increase frequency of emptying the mailbox (or ask a neighbour if you are on holiday)

TooManyPoints

And the law actually allows 28 days, not 14.

Yes thanks, Car_54. Schoolboy error corrected.

Knowing how knowledgeable you are, I can only assume a typo or a "senior moment"(?)

I think that’s a better excuse, kimwp!  

The long and the short of it is I made a stupid error - better to come clean I think!

kimwp

TooManyPoints said:

And the law actually allows 28 days, not 14.

Yes thanks, Car_54. Schoolboy error corrected.

Knowing how knowledgeable you are, I can only assume a typo or a "senior moment"(?)

I think that’s a better excuse, kimwp!  

The long and the short of it is I made a stupid error - better to come clean I think!

Frustrating when you intended to keep to the speed limit, most of us make an error or two. I've been told that the speeding course is an educational and interesting one, if that's any consolation. 

Okell

TooManyPoints said:

... The long and the short of it is I made a stupid error - better to come clean I think!

My wife's a solicitor.

She says never admit to anything!

TooManyPoints

 I've been told that the speeding course is an educational and interesting one, if that's any consolation.

I've sat in on one as an observer (honest!) and I can say that most of the participants learned a thing or two. One of the most enlightening things for me was the lack of knowledge about default speed limits. Many were unaware that goods vehicles - even small ones - had reduced limits but most surprising of all was that a large proportion (probably about 40%) believed dual carriageways in built up areas had a default limit of 40mph. 

Ectophile

Okell said:

TooManyPoints said:

... The long and the short of it is I made a stupid error - better to come clean I think!

My wife's a solicitor.

She says never admit to anything!

That doesn't help if you refuse to admit your're guilty when you are.  You risk a bigger fine, court costs and victim surcharge fees.