ChatterBank0 min ago
time limits on speeding tickets
7 Answers
i recieved a notice of intended prosecution dated the 7th of january for an alleged offence of speeding on the 20th of december, i had heard somewhere that if the time between theese 2 dates is greater than 14 days it is not valid . can some one tell me if this is true or not
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What is the 14 day rule?
The 14 day rule relates only to the period of time in which the Police/Process Unit must serve the original Notice. The Police do not have to prove that the Notice reached its intended recipient within 14 days, merely that in the normal course of events, it should have arrived. In many cases, the registered keeper will be a lease company not the actual driver with the result that even if the driver is unaware of the incident, service of the Notice is good if it was sent to arrive at the registered keeper's last known address within 14 days of the offence.
So, if you take Christmas Day, Boxing Day and New Year's Day in to consideration, they can say that the NIP was processed in good time.
What is the date on the NIP?
The 14 day rule relates only to the period of time in which the Police/Process Unit must serve the original Notice. The Police do not have to prove that the Notice reached its intended recipient within 14 days, merely that in the normal course of events, it should have arrived. In many cases, the registered keeper will be a lease company not the actual driver with the result that even if the driver is unaware of the incident, service of the Notice is good if it was sent to arrive at the registered keeper's last known address within 14 days of the offence.
So, if you take Christmas Day, Boxing Day and New Year's Day in to consideration, they can say that the NIP was processed in good time.
What is the date on the NIP?
NIP must be 'served' in 14 days, that is ,delivered to RK address as held by the DVLA. Posting by the scamerati within 14 days is not good enough. Bank Holidays and Sundays are of no relevance when counting the days. The date of the alledged (sp) offence is day 0.
Non receipt within 14 days is therefore rebuttable by giving credible evidence and swearing on oath that it was not so.
The only instance where it is not rebuttable is if the NIP was served by recorded delivery in which case the NIP is 'deemed' to be served on posting. Fortunately very very few SCPs and police force use recorded delivery
Non receipt within 14 days is therefore rebuttable by giving credible evidence and swearing on oath that it was not so.
The only instance where it is not rebuttable is if the NIP was served by recorded delivery in which case the NIP is 'deemed' to be served on posting. Fortunately very very few SCPs and police force use recorded delivery
Not quite so, northstar.
The legislation says that the NIP must be �...posted so that in normal circumstances it will arrive [at the registered keeper�s address] within 14 days�. �Delivery�, �receipt� or �service� is not mentioned as the notice is considered to have been served provided it has been posted in time.
If a NIP is received outside 14 days the driver can opt to refuse a fixed penalty offer and appear on a speeding (or failure to provide drivers� details) charge in the magistrates� court. If he can show that the NIP was delivered late (and the onus is on him to show that it was, not the prosecutor to show that it was not) he can go on to argue that the late delivery of the NIP unfairly prejudiced his right to a fair hearing because (for example) too much time had elapsed for him to remember the details of the alleged offence.
It will then be for the justices to decide, given all the circumstances, whether this is so and whether to allow the prosecution to proceed.
In short, late delivery of a NIP (because, say, it was delayed in the post) does not automatically invalidate the proceedings. NIPs very often arrive with the driver (who ultimately is the person to face a speeding charge) outside 14 days when he is not the Registered Keeper. There are also other valid reasons why a NIP arrived outside 14 days and in then it becomes a decision for the magistrates to say whether the reasons for late delivery are sufficient to allow the matter to proceed.
The legislation says that the NIP must be �...posted so that in normal circumstances it will arrive [at the registered keeper�s address] within 14 days�. �Delivery�, �receipt� or �service� is not mentioned as the notice is considered to have been served provided it has been posted in time.
If a NIP is received outside 14 days the driver can opt to refuse a fixed penalty offer and appear on a speeding (or failure to provide drivers� details) charge in the magistrates� court. If he can show that the NIP was delivered late (and the onus is on him to show that it was, not the prosecutor to show that it was not) he can go on to argue that the late delivery of the NIP unfairly prejudiced his right to a fair hearing because (for example) too much time had elapsed for him to remember the details of the alleged offence.
It will then be for the justices to decide, given all the circumstances, whether this is so and whether to allow the prosecution to proceed.
In short, late delivery of a NIP (because, say, it was delayed in the post) does not automatically invalidate the proceedings. NIPs very often arrive with the driver (who ultimately is the person to face a speeding charge) outside 14 days when he is not the Registered Keeper. There are also other valid reasons why a NIP arrived outside 14 days and in then it becomes a decision for the magistrates to say whether the reasons for late delivery are sufficient to allow the matter to proceed.
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