3. Messages

Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - 50mph

Pages: [1]
1
The Flame Pit / Re: Have I been caught?
« on: July 31, 2024, 03:10:52 pm »
Quote from: andy_foster on July 29, 2024, 02:43:04 pm
Yes and no. Those are the words of the legislation, but case law often clarifies what those words actually mean.

 A NIP is served when it is delivered, which is deemed to be 2 working days after properly posting by first class post, unless the contrary is proven.

The case law for the latter is Gidden v Chief Constable of Humberside

That's very helpful, thank you.

Update:  Offence on July 14th, today is July 31 and nothing received. Hopefully a lucky escape for me.

2
The Flame Pit / Re: Have I been caught?
« on: July 29, 2024, 01:09:53 pm »
Thanks for your input.

Snap(ped) as in camera flashed, I take your point.

I suppose this is the definitive guide on the internet.

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

3
The Flame Pit / Re: Have I been caught?
« on: July 29, 2024, 12:11:30 pm »
Quote from: slapdash on July 29, 2024, 09:18:56 am
My post generally arrives between 8am and 3pm which would make it a pain.

My belief is the day of the offence is day 0.

Great, now we have clarified day of offence is day 0 and it must be served within 14 days (that was yesterday)  and Postman has already come today at 11:30 and nothing so far.  Postman has agreed to check everyday for the rest of the week - comes around midday and I work from home so that should work out OK.

4
The Flame Pit / Re: Have I been caught?
« on: July 29, 2024, 09:14:56 am »
Just answered my own question

Notice of Intended Prosecution
Section 1 Road Traffic Offenders Act 1988 ['RTOA 1988'] provides that a defendant cannot be convicted of certain road traffic offences set out in schedule 1 RTOA 1988 unless they have been warned that the question of prosecution would be considered. Such a warning is normally known as a "notice of intended prosecution", or NIP.

A notice of intended prosecution can be given:

either orally or in writing at the time the offence was committed. The warning need not be specific but must refer to one or more of the offences to which section 1 RTOA 1988 applies. Whether a warning was given "at the time" is a question of degree. The High Court will not interfere with a Magistrates' Court finding on that point if there is evidence to support it.
by serving the defendant with a postal charge requisition (‘PCR’) or single justice procedure (‘SJP’) notice within 14 days of the offence; or
by sending within 14 days of the alleged offence a notice indicating the possibility of prosecution. The notice must specify the nature of the alleged offence and the time and place where it is alleged to have been committed, and must be sent to the driver, registered keeper of the vehicle, or rider of the cycle.

Sending is not the same as receiving. So I suppose you have to provide 2 more days for receiving it
???

5
The Flame Pit / Re: Have I been caught?
« on: July 29, 2024, 08:37:23 am »
Quote from: slapdash on July 28, 2024, 09:03:46 pm
How is postie going to be able to confirm the contents of an unopened envelope ?

You could accost the the postie and open in their presence for example.

That's the plan.   ;D

Offence took place on the 14th, today is the 29th and therefore the last day or was yesterday the last day???  Do you exclude day of the offence or not?

6
The Flame Pit / Re: A286 Haslemere camera & 14 day rule
« on: July 28, 2024, 08:18:55 pm »
Quote from: 666 on July 28, 2024, 07:02:08 pm

The NIP must be served on the RK within 14 days, i.e. by today. Failure to do so is indeed a good defence: your problem will be proving it.

NB A late NIP does not invalidate the related s172 request, which has no time limit: you (or rather your wife) must respond to that regardless.

I thought date of offence was not counted to determine 14 days.  And I would prove it by asking Postie to confirm when they deliver it to me - if it comes.

My wife will  confirm that I was the driver, as soon as we get the NIP.

7
The Flame Pit / Re: A286 Haslemere camera & 14 day rule
« on: July 28, 2024, 05:18:08 pm »
Quote from: The Slithy Tove on July 28, 2024, 03:19:53 pm

It's a fair way into the 40 zone, albeit on a steep downhill stretch of road. There are warning signs and it is reasonably obvious. Whenever I have been that way, which is fairly often, everyone seems to knows about it as they're all careful to slow down for it. The Argus article linked to is very old, so may be different now. Though it's also one of the routes to Goodwood, so could well catch a lot of irregular travellers there as they drive their sports cars to the Festival of Speed or Revival.

Question is, did it flash when you passed it? 51 on the speedo is probably high 40's in reality, and the 10%+2 rule shows enforcement starting at 46.



I was on my way to Goodwood FoS, 1st time on that route.   There is significant overgrowth, but not using that as a defence.  Yes, it flashed as I passed it.   I do not except any worse than 3 points + fine, most likely speed awareness course.   My question was about the 14 day rule.   if I exceed 40 mph, it is a  summary offence.  If they do not send the the NIP within 14 days, surely same rules apply and it is a credible defence?

8
The Flame Pit / Re: A286 Haslemere camera & 14 day rule
« on: July 28, 2024, 01:55:09 pm »
Quote from: Southpaw82 on July 28, 2024, 01:54:12 pm
Have you actually looked at the V5C and confirmed that?
Yes

9
The Flame Pit / Re: A286 Haslemere camera & 14 day rule
« on: July 28, 2024, 01:35:45 pm »
Quote from: FuzzyDuck on July 28, 2024, 01:10:12 pm
Are you the actual Registered Keeper? Are the details on the V5C correct?

My wife is, we live at the same address. V5C details correct and not changed for many years.

10
The Flame Pit / A286 Haslemere camera & 14 day rule
« on: July 28, 2024, 12:51:48 pm »
Got snapped in a 40 mph zone, my speedo showed 51 when I looked at it and braked.   

Camera on the A286 Haslemere at around village of Fernhurst.

Seems a favourite spot and seems to catch out a lot of people, especially since not too well seen.

https://www.theargus.co.uk/news/5198104.busiest-speed-cameras-in-sussex-netted-1000-per-day/

https://www.thenewspaper.com/news/27/2765.asp

https://www.fernhurstfootballclub.org.uk/contact

All above just to share so other people do not get caught out at that location.

My question ; Offence occured exactly days ago on  July 14th, I assume 14 days expire tomorrow.  NIP not received yet and tomorrow 29/7 is the last day.  If the NIP is received after that date,  is it best to take a pic with the postie to record date & time received to prove NIP not received in time.  Thanks

Pages: [1]