I've Been Suffering From Kawasaki Disease!

[ToraToraTora]

Just been done for my wettest ever speeding ticket, 36 in a 30, will I get a speed awareness course? Moment of weakness must have missed the camera.
OK motoring evangelists I'm ready for a lick o the cat!

[Zacs-Master]

I was told that a certain insurance company with a 'nautical' connection now ask whether you've been on a course. As the course is run by the AA then if your insurance is with them, they already know!

[ToraToraTora]

if asked I answer truthfully, thing is In my experience speeding has very little effect of the price anyway. I have experimented on the comparison sites putting in various endorsments an the effect of speeding is minimal, it's past claims that hike it up.

[MargoTester]

Blimey - inflation! You will find it very informative if you approach it in the right manner. Makes you realise how much of the highway Code you have forgotten( in my case after 42 years)

[Zacs-Master]

For a small fee, I could give you a few pointers so you look good in front of your fellow offenders.

[Bazile]

//do I look like a lib dem! Can't really pin this one on the Mrs! for one thing she hasn't got a bike licence! //

Even if the Mrs had a bike licence , how would they tell who was riding, under a motor cycle helmet :-)

[Zacs-Master]

Leathers can be very distinctive ;-)

[Dodger666]

The cost has gone up! I also got done in Oct 2010 for 36 in a 30 zone. There was a sneaky police van on the side of the road, parked on the grass verge just round the corner from traffic lights as the road started to go downhill. He must have caught the lot of us who had turned left at the lights. There were at least two in front of me all going at the same speed.

The speed awareness course cost me £65.00. The instructor made a point of telling us that one of the advantages of the course, other than not getting points, was that you didn't need to tell your insurance company as you didn't get a conviction. Maybe that has changed now. Luckily my insurer has never asked if I've been on a course.

[rockyracoon]

I went on one of these course back in April and they told us that insurance companies might ask, mine hasn't but apparently Admiral and the companies under that umbrella do. Not worth doing the course if you're going to get loaded anyway. My OH got three points last year and our insurance only went up by about £25.

[TonyV]

you get charged if you 10% over limit, then you have option to take and pay for course to avoid points

[Hopkirk]

Does anyone do 30mph in a 30 zone?

[rockyracoon]

I do now!

[ToraToraTora]

worry not people I have just found out that the NIP is too late, it has to be served within 14 days, the offence was on 20/7 and the date on the notice is 27/8. so it looks like the good old RTA will get me off. So Tilly sorry to dissapoint you!

[RATTER15]

You Hells Angel sorts are all the same!!!

[Zacs-Master]

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 they believe that it arrived, but there may be a defence available if the intended recipient can convince a Court that the notice did not arrive in time or at all. 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.

[ToraToraTora]

yes indeed that's why i said above the date on the notice is 28/08 and the date of the offence is 20/07 these dates are on the notice so the notice itself is proof that it could not have been served or believed to have been served in 14 days.

[New Judge]

Yes 3Ts should be in the clear. The wording is that the NIP must be posted so that in normal circumstances it will arrive within 14 days of the alleged offence (with the day following the alleged offence counting as day one).

However, 3Ts, there is one thing of which she should beware and it's quite important. Assuming you are the Registered Keeper the NIP will include a request for the driver's details. If you fail to respond to this, even though the NIP has been served out of time, you may be charged with an offence under S172 of the Road Traffic Act (failing to provide driver's details). The late NIP (especially one so blatently late as you describe) will certainly protect you against the speeding offence. However, it will not negate the possibility of a S172 offence.

You should complete and return the request for driver's details, decline the offer of either a fixed penalty or a speed awareness course and say you will be challenging the prosecution for speeding on the grounds that the NIP was served out of time.

This explains:

http://www.roadtrafficlaw.com/time-limit-for-a-s172-notice-or-nip

[Barks]

Having recently done my time at the local Hilton Hotel we were informed that the only insurance company that takes a Driver Awareness course into account is Admiral
As for the cut off limit for the course, it varies from police force to police force but it's 10% plus something; Hampshire is +3 I think, so you would just scrape in at 36 down here

[ToraToraTora]

judge, thanks, unfortunately I have already sent back the form and said that I would accept and offer of a fixed penalty and the course. I did this before I realised the original notice was out of time. Can I still reject the original NIP? The form is not an actual offer of a course/FP just a declaration that I would accept such an offer but could it be construed that I have accepted the original NIP, any advice would be helpful, thanks.

[New Judge]

The important thing is that you have returned the paperwork providing the driver's details and so are safe from the (more serious) S172 offence.

I take it that you have not paid the £100? Did you send your licence along with the paperwork?

If you did neither then you need not worry. If the offer of a course or fixed penalty is formally made all you need to do is either ignore it or (probably better) just write and decline it. You can add that you will be challenging the prosecution on the grounds of the late NIP.

What will happen next (whether you ignore the offer or write declining it) is that either (a) common sense will prevail and no further action will be taken or (b) you will receive a summons for speeding. In most areas you can expect this to be done very close to the absolute time limit of six months which the prosecuting authority has to begin proceedings. If you are summonsed you can plead not guilty by post but if common sense has still not prevailed you will have to attend for a trial. Your defence at the said trial will be quite straightforward in that the prosecution should not be allowed as the NIP was not issued in time for it to reach you within 14 days of the alleged offence.

On that note, and just checking, you said the offence (sorry, alleged offence !!) was on 20th July and the NIP was dated 27th August. Did you actually receive it after 27th August? What I'm getting at is that although it may be dated 27th August, was that perhaps a typo and it was posted in time? When did you actually receive it? If it was posted in time (even though it was dated wrongly) and especially if you received it in time, your defence may not be so straightforward.

Don't forget to keep copies of all paperwork etc. as this will be useful (and some of it necesary) if the matter goes to court.

[Zacs-Master]

You're not asked to send your licence.