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I've Been Suffering From Kawasaki Disease!
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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!
OK motoring evangelists I'm ready for a lick o the cat!
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No judge, the NIP merely asked me to confirm the driver and asked if I would, if offerred, be prepared to accept a fixed penalty and/or the driver awareness course, I said yes to both of those. I believe the payment and sending licence is the next phase. It was dated 28/08 i recevied it on the 29th, the date of the offence was 20/07. Do you think the authorities will carry on even though the process is not followed?
It's difficult to say. I think the sooner you mention the fatal flaw in their process the more likely it is they will take the view that the only thing they can do is to discontinue matters.
I have come across speeding cases which have come to court where the NIP was received late. However, in these cases there was an arguable case that the NIP was posted in time. Some went in favour of the defendant, some for the prosecution. However in your case there is absolutely no chance of the prosecution persuading the Bench that the NIP was posted in time because, quite simply, it wasn't.
The law is quite clear on this. If you were not warned at the time of the alleged offence that a prosecution is likely you must either receive a summons or a NIP within 14 days. The relevant law (Section One of the Road Traffic Offenders' Act 1988) says that a person shall not be convicted of an offence to which this section applies unless he does. The arguments that come to court usually revolve around the niceties of that "service" but no such niceties exist in your case. It should have reached you by 4th August at the latest.
Although the ball is currently in their court I think I would continue to engage with the prosecuting authority. If they come back to you asking you to formally accept a course or a fixed penalty simply write to them saying that you now reject the original NIP because it was served out of time. I think at that stage I would ask them whether they intend to continue with the matter despite there being no chance of you being convicted. I don't think you have jeopardised your position by responding with the driver's details. You were bound to do this regardless of the late NIP or you face a S172 prosecution.
I'd be interested to hear the way this pans out. The prosecutors have until 20th January to "lay an information" before the court and if they do you should be summonsed shortly after that date.
I have come across speeding cases which have come to court where the NIP was received late. However, in these cases there was an arguable case that the NIP was posted in time. Some went in favour of the defendant, some for the prosecution. However in your case there is absolutely no chance of the prosecution persuading the Bench that the NIP was posted in time because, quite simply, it wasn't.
The law is quite clear on this. If you were not warned at the time of the alleged offence that a prosecution is likely you must either receive a summons or a NIP within 14 days. The relevant law (Section One of the Road Traffic Offenders' Act 1988) says that a person shall not be convicted of an offence to which this section applies unless he does. The arguments that come to court usually revolve around the niceties of that "service" but no such niceties exist in your case. It should have reached you by 4th August at the latest.
Although the ball is currently in their court I think I would continue to engage with the prosecuting authority. If they come back to you asking you to formally accept a course or a fixed penalty simply write to them saying that you now reject the original NIP because it was served out of time. I think at that stage I would ask them whether they intend to continue with the matter despite there being no chance of you being convicted. I don't think you have jeopardised your position by responding with the driver's details. You were bound to do this regardless of the late NIP or you face a S172 prosecution.
I'd be interested to hear the way this pans out. The prosecutors have until 20th January to "lay an information" before the court and if they do you should be summonsed shortly after that date.
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