Speeding ticket notice periods

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  • waamo
    waamo Posts: 10,298
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    I did already confirm name and address is correct on the V5c,

    I can't tell you the specific reference for on page 2, it's not in this property.

    Thanks for trying to help though.

    If it isn't at your property how do you know it's correct? Why isn't it in front of you? That might give a clue as to where the first NIP has gone.

    The first NIP has to arrive within 14 days. It has to go to the Registed Keeper as named on the V5. That is unless there is an issue with the V5 such as it is in the process of being updated because of moving house or a recently purchased vehicle.

    The fact it isn't at your current property leads to the suspicion that there may be an issue with the V5. For example many people move and update their driving licence. They then either don't realise or forget to update the V5 resulting in the DVLA having incorrect information.

    I think you need to give a lot more details as going to court may be a bit of a gamble.
  • Mercdriver
    Mercdriver Posts: 3,898
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    Definitely a pepipoo one - take a photo or scan of the notice as many people there will be keen to see evidence of enforcement at 34 in a 30.
  • Car_54
    Car_54 Posts: 8,178
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    If you go to court, the onus will be on you to prove that the NIP arrived late. How do you propose to do that?
  • Johno100
    Johno100 Posts: 5,259
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    Car_54 wrote: »
    If you go to court, the onus will be on you to prove that the NIP arrived late. How do you propose to do that?

    I suppose if it dated >14 days after the alleged offence that would be a start.
  • waamo
    waamo Posts: 10,298
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    I do have a sneaky suspicion the address on the V5 is different to the address the OP is living at.
  • TadleyBaggie
    TadleyBaggie Posts: 6,014
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    waamo wrote: »
    I do have a sneaky suspicion the address on the V5 is different to the address the OP is living at.
    Indeed. I suspect the number of NIPs that are served out of time without a very good reason (based on PePiPoo cases), is about 1 in 50. Almost every time we discover the vehicle was only just purchased, it is actually leased, an error in the address etc.

    Even if the NIP was genuinely served late, don't expect an easy ride. There is a documented case (user Peterguk on PePiPoo) where the NIP was served late, he had witness that it was served late (the postman) but failed to convince the magistrates. The appeal agreed it was served late but due to an error in interpretation of the law, failed to overturn the conviction. It wasn't until he took it to the High Court that he got the conviction overturned. Here are the case details: http://www.bailii.org/ew/cases/EWHC/Admin/2009/2924.html
  • Mercdriver
    Mercdriver Posts: 3,898
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    Johno100 wrote: »
    I suppose if it dated >14 days after the alleged offence that would be a start.

    Yes most of the time. But if the police have tried elsewhere because of an incorrect address, and then found the OP by another means (insurance records) then this wouldn't help.
  • TooManyPoints
    TooManyPoints Posts: 1,234
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    edited 11 July 2018 at 12:46PM
    1 - I received the first letter informing me my car was recorded as being over the limited 31 days after the offence. I have seen a few references to this letter needing to be sent to the registered owner of the vehicle within 28 days of the offence. Does anyone have any reference or proof this is the case? I have tried to track this down in the various Acts and legislation but it's a minefield and I'm lost.

    The requirement for a NIP (which must be served on the Registered Keeper within 14 days) is contained in the Road Traffic Offenders Act, 1988, Section 1(1):

    https://www.legislation.gov.uk/ukpga/1988/53/section/1

    It is unusual for enforcement to be taken at speeds below 35mph but is not precluded in law. (The limit is 30mph, not 35mph). More than that, speeds of up to 42mph would normally see a Speed Awarenesss Course offered unless the offence was committed in Scotland or you had taken one for an offence committed within the previous three years. If neither applies to you it might be worth a call to the ticket office to find out why you have not been offered a course.

    As mentioned, to defend the matter on the basis of a late NIP you will have to decline the Fixed Penalty and take the matter to court. You need to address the earlier questions concerning your address, that on the V5C and the docref; date on that document before a view can be provided on that. Genuinely late NIPs are very unusual these days if for no other reason than the ticket offices operate a system which physically prevents a first NIP being generated out of time.

    You should be aware that the cost of failure in court is high. As well as the same three points, you will pay a fine of half a weeks net income, a surcharge of 10% of the fine (Minimum £30) and prosecution costs. These would be a minimum of £300 and may be as high as £620, depending how much work is needed to prepare the case for trial.
  • AndyMc.....
    AndyMc..... Posts: 3,248
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    The requirement for a NIP (which must be served on the Registered Keeper within 14 days) is contained in the Road Traffic Offenders Act, 1988, Section 1(1):

    https://www.legislation.gov.uk/ukpga/1988/53/section/1

    It is unusual for enforcement to be taken at speeds below 35mph but is not precluded in law. (The limit is 30mph, not 35mph). More than that, speeds of up to 42mph would normally see a Speed Awarenesss Course offered unless the offence was committed in Scotland or you had taken one for an offence committed within the previous three years. If neither applies to you it might be worth a call to the ticket office to find out why you have not been offered a course.

    As mentioned, to defend the matter on the basis of a late NIP you will have to decline the Fixed Penalty and take the matter to court. You need to address the earlier questions concerning your address, that on the V5C and the docref; date on that document before a view can be provided on that. Genuinely late NIPs are very unusual these days if for no other reason than the ticket offices operate a system which physically prevents a first NIP being generated out of time.

    You should be aware that the cost of failure in court is high. As well as the same three points, you will pay a fine of half a weeks net income, a surcharge of 10% of the fine (Minimum £30) and prosecution costs. These would be a minimum of £300 and may be as high as £620, depending how much work is needed to prepare the case for trial.


    How does Microsoft Word prevent that?
  • TooManyPoints
    TooManyPoints Posts: 1,234
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    How does Microsoft Word prevent that?

    It does not, as far as I know.
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