Author Topic: Have I been caught?  (Read 1107 times)

0 Members and 0 Guests are viewing this topic.

cp8759

  • Administrator
  • *****
  • Posts: 3999
  • Karma: +98/-3
    • View Profile
Have I been caught?
« on: June 14, 2023, 01:56:22 pm »
This is a thread for all those who want to know “have I been caught doing x?”. If you haven’t received any notification from the authorities that you have been caught, do not post your query in one of the active case sections (speeding, council or private parking) but rather here.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Share on Facebook Share on Twitter

Agree Agree x 1 View List

oaktreess

  • Newbie
  • *
  • Posts: 1
  • Karma: +0/-0
    • View Profile
Newbury Avenue Enfield - Bus Lane / Bus Gate
« Reply #1 on: August 06, 2023, 03:09:45 pm »
Hello

I was redirected here from Pepipoo by cp8759, thank you for that.


I am anticipating a ticket in the coming week and was wondering if would there be a valid defense. The restriction was unfeasibly narrow.


Traveling in an unfamiliar area last week I panicked when I saw an upcoming lane restriction and drove through the bus gate.


Would there be any defense that the signage was after the restriction and should have been before in order to warn traffic ?


I was driving a new car that only left me 4 inches either side of the restriction and I was afraid of scraping.


Newbury Avenue Enfield
MAP LINK : https://goo.gl/maps/r4vNEZa8FBfZSYop8

Thankyou

« Last Edit: August 06, 2023, 03:14:29 pm by oaktreess »

cp8759

  • Administrator
  • *****
  • Posts: 3999
  • Karma: +98/-3
    • View Profile
Re: Newbury Avenue Enfield - Bus Lane / Bus Gate
« Reply #2 on: August 06, 2023, 04:24:42 pm »
I don't know what you mean by "the signage was after the restriction", the signage is visible before you get to the restriction. If the 7 foot gap was too narrow for your vehicle, you should have turned around and found a different route (the fact that that might be inconvenient is neither here nor there).

If you get a PCN post it up and we'll look for any possible technical defences.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Like Like x 1 View List

IanO

  • Newbie
  • *
  • Posts: 13
  • Karma: +0/-0
    • View Profile
14 day time limit and public holidays
« Reply #3 on: January 10, 2024, 12:12:01 pm »
Hello,
I am sure we were flashed by a fixed speed camera on December 23rd.
We are now 17 calendar days after the event (and the postman has already been today) and no NIP yet received.
Yes I am the registered keeper, address on V5C is correct and hasn't changed since last July.

Are the authorities still expected to issue NIPs within 14 days even if there are public holidays in between (we had 3 public holidays between the 23rd and today)?
I've seen on other threads that it seems quite rare for the 14 day limit to be missed, so I'm surprised not to have received an NIP yet.
thanks
« Last Edit: January 10, 2024, 12:18:31 pm by IanO »

NewJudge

  • Full Member
  • ***
  • Posts: 137
  • Karma: +6/-0
    • View Profile
Re: 14 day time limit and public holidays
« Reply #4 on: January 10, 2024, 12:18:21 pm »
Quote
Are the authorities still expected to issue NIPs within 14 days even if there are public holidays in between


It must be served within 14 days. The statute makes no provision for Bank Holidays etc. It is presumed served two working days after posting. If it was not served in time and you want to defend the charge on that basis, the burden falls to you to prove it was not served in time.
« Last Edit: January 10, 2024, 12:20:15 pm by NewJudge »

IanO

  • Newbie
  • *
  • Posts: 13
  • Karma: +0/-0
    • View Profile
Re: 14 day time limit and public holidays
« Reply #5 on: January 10, 2024, 12:21:18 pm »
Quote
Are the authorities still expected to issue NIPs within 14 days even if there are public holidays in between


It must be served within 14 days. The statute makes no provision for Bank Holidays. It is presumed served two working days after posting.

Thanks. Odd that I haven't received it! Either it was a faulty speed camera, or Royal Mail are sitting on it.

guest46

  • Guest
Re: 14 day time limit and public holidays
« Reply #6 on: January 10, 2024, 01:04:27 pm »
So, if it does get delivered, try and get some 'evidence' from e.g. the postman or at least have a daily paper or somesuch in shot as you open it. Keep the envelope. Not all flashes generate a NIP though,,,,,,,,,,,,,

666

  • Jr. Member
  • **
  • Posts: 92
  • Karma: +0/-0
    • View Profile
Re: 14 day time limit and public holidays
« Reply #7 on: January 10, 2024, 02:07:38 pm »
So, if it does get delivered, try and get some 'evidence' from e.g. the postman or at least have a daily paper or somesuch in shot as you open it.
But the date of opening is not necessarily the date of service, and certainly not evidence of the latter.

guest46

  • Guest
Re: 14 day time limit and public holidays
« Reply #8 on: January 10, 2024, 02:28:53 pm »
So, if it does get delivered, try and get some 'evidence' from e.g. the postman or at least have a daily paper or somesuch in shot as you open it.
But the date of opening is not necessarily the date of service, and certainly not evidence of the latter.
True, but more a a defence to a FTF charge than nothing at all surely?

andy_foster

  • Global Moderator
  • *****
  • Posts: 391
  • Karma: +6/-3
  • Location: Reading
    • View Profile
Re: Have I been caught?
« Reply #9 on: January 30, 2024, 07:57:06 pm »
Unfortunately, our resident psychic is unavailable due to unforeseen circumstances.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

rudibowie

  • Newbie
  • *
  • Posts: 4
  • Karma: +0/-0
    • View Profile
How to Prove the Date that a Speeding Notice Arrived?
« Reply #10 on: February 25, 2024, 02:59:39 pm »
To all the Martin Lewis's of the legal world, I need your help.

12 days ago I was pootling along in my car along an urban road (30 mph) with two lanes each way. I was in the right lane. In front of me in the left lane a car slowed down to turn left. As seems common these days, rather than slow down, the impatient driver following that car encroached into my lane. To avoid being hit by him I sped up to get out of his way. (If I'd veered right into oncoming traffic, that might have been a fatal collision.) My speedometer showed I got up to 35mph in the manoeuvre. As I breathed a sigh of relief at this near miss, I noticed there was a police van with blacked out rear window parked on the curb. Just my luck. Presumably they were looking for traffic infringements.

I gather that if you're facing a speeding infringement you'll be notified within 14 days. I've been expecting a letter to drop on the doormat ever since, but Royal Mail letter delivery in my area is atrocious. Letters are often delivered late and often to the wrong address. Residents have grown used to hand-delivering mis-delivered letters on weekends and evenings. So, I can imagine a letter arriving on my doormat after 14 days. I gather that traffic notices can be dismissed in court if they fail to arrive on time because they must arrive within 14 days.

So, in readiness for this, I wonder, how can I prove the date that the letter was delivered? It's not recorded delivery, so there's no signature record. Contrary to popular myth, buying that day's newspaper won't cut it because I could have kept the letter unopened for a week before buying the newspaper. The doorcam only catches the arrival of the postman, it doesn't show what he's holding.

So, is there a way to prove it?

Thank you.


sparxy

  • Jr. Member
  • **
  • Posts: 82
  • Karma: +1/-0
  • [ib90xi8p]
    • View Profile
Re: How to Prove the Date that a Speeding Notice Arrived?
« Reply #11 on: February 25, 2024, 03:04:59 pm »
You can meet the postman each day at the door. Your doorbell then could be good backup evidence of what was delivered and opened (if in front of it).

However, that said, if your speed on your speedo was 35, you're likely doing less than that, most vehicle speedos unless calibrated overread slightly. That, accompanied by the fact the camera operator may be focused on another car (say, the one that was speeding up behind you!), means that you're probably not going to get done.

rudibowie

  • Newbie
  • *
  • Posts: 4
  • Karma: +0/-0
    • View Profile
Re: How to Prove the Date that a Speeding Notice Arrived?
« Reply #12 on: February 25, 2024, 03:16:09 pm »
You can meet the postman each day at the door.

If only the postal service were that punctual. As it stands, I'd have to wait in the hallway (like a lurker) between 11am and 3:30pm every day for the next few days. Even then I'd get mail for the next road.

As for the car speedometer exaggerating the mph, or the fuzz having their sights on someone else, I hope so!

666

  • Jr. Member
  • **
  • Posts: 92
  • Karma: +0/-0
    • View Profile
Re: How to Prove the Date that a Speeding Notice Arrived?
« Reply #13 on: February 25, 2024, 03:39:31 pm »
OP, are you the registered keeper (i.e. your name on the V5C)? Only the NIP to the RK is subject to the 14-day limit: if your car is leased or on some other finance the company may be the RK, and it could be many weeks before you get your own NIP.

Unfortunately, it is very difficult to prove a negative.

BTW you say "I sped up to get out of his way. (If I'd veered right into oncoming traffic, that might have been a fatal collision.)" Surely the other option was to brake?

rudibowie

  • Newbie
  • *
  • Posts: 4
  • Karma: +0/-0
    • View Profile
Re: How to Prove the Date that a Speeding Notice Arrived?
« Reply #14 on: February 25, 2024, 03:59:33 pm »
Quote
Surely the other option was to brake?

Unfortunately, we we're exactly parallel. My car was about half-a-car's length ahead, so he'd have careered into my back half. I think it would've been the same result if I'd slowed down. I honestly can't remember far the car behind me was, but that might've been another possible collision. I do remember that in that split second my instinct was that the safest course of action was to get out ahead.

I am the registered keeper.