3. Have I been caught?
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Re: Have I been caught?
« Reply #45 on: »
Quote from: Southpaw82 on July 19, 2024, 01:00:24 pm
Six months to prosecute for most summary offences.
Does the 14 day NIP limit apply? Unless the cops know the driver's face I'd assume the photo won't be enough and they'd need to issue a s172?
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Re: Have I been caught?
« Reply #46 on: »
Quote from: DrSatan on July 19, 2024, 01:12:41 pm
Quote from: Southpaw82 on July 19, 2024, 01:00:24 pm
Six months to prosecute for most summary offences.
Does the 14 day NIP limit apply? Unless the cops know the driver's face I'd assume the photo won't be enough and they'd need to issue a s172?

Not for a mobile phone offence.
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I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.
Please ease my mind: Potentially caught speeding
« Reply #47 on: »
Hi all,

I've just driven home, on this there was a resurfaced road (approx 3 weeks ago) that has red circle 20mph signs on it, with the original signs barely spray painted over. this road usually goes 60->40->30, there was a speed camera van at the point it goes into a 30mph, but due to the resurfacing, the entire road was 20mph. i believe i was doing anywhere in the region of 27mph to 34mph, i was going the same speed as the car behind and the car infront and was just maintaining my gap.

the van had its back end facing away from me, usually the back hatch is the only one open but both were open today, i could not see a camera in the front hatch, the one that would have caught me, but i could see one in the back hatch.

i currently have 6 points and a 1 month ban on record, from 2022 and 2021 respectively, i've since 'grown up'.. ive never taken a sac, not that id see that mattering

what kind of punishment am i looking at for 27mph in a 20, and what punishment for 34mph in 20
do i have any defence with the road signs not being completely covered up, the 20mph was clear as day.

i am not at nip stage, just happened today, i am the registered keeper and my details are up to date, i am not in the 'new driver' stage, 4-5 years employees
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A286 Haslemere camera & 14 day rule
« Reply #48 on: »
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
« Last Edit: July 28, 2024, 12:54:02 pm by 50mph »
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Re: A286 Haslemere camera & 14 day rule
« Reply #49 on: »
Are you the actual Registered Keeper? Are th details on the V5C correct?
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Re: A286 Haslemere camera & 14 day rule
« Reply #50 on: »
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.
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Re: A286 Haslemere camera & 14 day rule
« Reply #51 on: »
Have you actually looked at the V5C and confirmed that?
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I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.
Re: A286 Haslemere camera & 14 day rule
« Reply #52 on: »
Quote from: Southpaw82 on July 28, 2024, 01:54:12 pm
Have you actually looked at the V5C and confirmed that?
Yes
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Re: A286 Haslemere camera & 14 day rule
« Reply #53 on: »
Quote from: 50mph 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.
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.

Next question is are you the Registered Keeper or is it a company/lease car? Even if you think you are, dig out the actual paper V5C to prove it. Edit: already answered I see.
« Last Edit: July 28, 2024, 03:29:00 pm by The Slithy Tove »
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Re: A286 Haslemere camera & 14 day rule
« Reply #54 on: »
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?
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Re: A286 Haslemere camera & 14 day rule
« Reply #55 on: »
Quote from: 50mph 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?
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.
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Re: A286 Haslemere camera & 14 day rule
« Reply #56 on: »
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.
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Re: Have I been caught?
« Reply #57 on: »
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.
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Re: Have I been caught?
« Reply #58 on: »
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?
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Re: Have I been caught?
« Reply #59 on: »
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
???
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  3. Have I been caught?