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Any legal experts out there



  Honda Civic Type R GT


Ok, the wife got NIPed for 87mph in a 50 zone in May. The NIP came through within the required 14 days (doh), waited the allowed 28 days before replying saying I was driving! (Can you believe I was on my way to the dealership for warranty work. Grrrrrrrrr!) Anyway my NIP comes through within 14 days of them getting the reply, again I wait the allowed 28 days before replying admitting I was driving. Bottom line is I replied at the end of July and have heard nothing since, I read somewhere that they have to issue a certificate of prosecution to the CPS within 6 months of the offence or it can be thrown out. Anybody confirm this or offer advice (slow down has already been advised!)

Any help appreciated,

Tommy.
 

MaLicE

ClioSport Club Member
  Lazy v8


erm u should of said you dont know who was driving could of been u or ur misses then i dont think they can get u.



oh and a radar detector / speed camera jobbie would be a wise choise :)



MaLicE
 


Or just not speeding would be a better choice.

Speeding in a 50 zone isnt to bad. But speeding in a 40 or lower I personally cant condone.



Paul
 
  BMW 320d Sport


Next time, ask *before* you make any decisions! Im not certain, but I know there is quite a lot of latitude that the police have in matters like this..for example the 14 day thing - as long as a policeman *says* they have posted it and it is dated 1 day before the end of the 14-day period, it doesnt matter if it arrives 3 weeks late. The fact that the police posted it is also supposedly proof that notice has been served. Im not sure if this has been tested at court though. A similar situation is where for one reason or another, the car gets flashed but the reg cannot be traced easily - through illegal spacing etc - if it takes them 4 months to find your address, then the 14 day rule is again ignored. Any postal delivery problems are completely inconsequential in this process, so if the Royal Mail lose it for a year and then find it and deliver it to you, the notice is still valid!

The 6 month thing is a common rule-of-thumb thats used but I just made the examples above to get you thinking - make sure you check the rule out thoroughly and be certain that its water tight. See if it has been used successfully as a get out.

With the benefit of hindsight, you would have been better to have written back saying you could not remember who had been driving but of course only if you really couldnt remember and could argue a good case for that. However there is *no* legal requirement for an owner to keep written records of who drives their car, nor can you be prosecuted for failing to know who was driving at a particular time, if you genuinely do not know.

I should know - I fought a long and drawn out battle with the CPS and Essex Police who tried to stitch me up with not only a charge of speeding but also the charge that I had failed to supply information to them. Both charges were eventually withdrawn due to their shaky legal standpoint and IMHO the fact that I would not back down and made it clear to them that I would take it to court. The one thing they *fear* is that a motorist will challenge an alleged conviction, take it to court and win. The authorities do not want to set a precedent that other courts might have to take into consideration in the future when assessing other peoples speeding allegations.
 
  BMW 320d Sport


BTW to anyone else facing a NIP or ongoing speeding case, ALWAYS FIGHT IT! I see speeding tickets the way I see parking tickets - if theyre eventually gonna screw £60 out of me, Ill damn well make them work for the money - and a lot of the time they cannot PROVE who was driving the car without direct photographic evidence. A picture of your car is not good enough, it needs to show your face!
 
  Honda Civic Type R GT


Nick, Ive read your previous posts and am prepared to go to court but (in my case) the "We dont know who was driving" would be shot down in flames by a trainee prosecutor. Car is registered in the wifes name her.....oh it s a long story!

Tommy
 
  Willy2


But Nick, if you go to court and LOOSE they can sting you big time, one guy I know got 5PPTs and £120 fine! He was better off just paying the damn money and sending off his Driving licence.
 
  BMW 320d Sport


Tommy, PM me about it, Im intrigued about your case and I feel it is my duty to try and get as many people off speeding tickets as possible! Over the years Ive formulated a get out for almost every speeding ticket, or at least arguments that will tie them up in red tape for a good long while.

Raj - yeah this is the crucial thing, the majority of people are so scared of going to court and losing that they dont bother and take the fixed penalty. Which is why the thieving b******s have got away with it for so long. If everyone contested a speeding ticket the system would grind to a halt and people would sit up and take notice and wonder why it was that the courts were being mired in silly speeding tickets when rapists, murderers, thieves and thugs get out on bail. I suppose I got to a stage where it really just made me seethe, all these tickets being given out, not just to me but loads of people I know. Its just a cop-out in place of real traffic policing. Today I went up to Chelmsford to the shops. The whole town was at standstill because of the traffic jams and too many roundabouts being there. Not a single traffic cop around directing traffic. On the way home a psycho in an MR2 was cutting across lanes of a roundabout without any indication and making people swerve out of the way, drifted into my side and he didnt even notice until I beeped him. Then once on the dual carriageway , everyone was cruising at 80-90 with big gaps in between, no one hogging the fast lane, and without any warning he cut to the left of the car in front of him, onto the hard shoulder at 90 and then out again in front. And will he ever get caught for that kind of driving? You know he wont! There are no traffic police out there any more, looking for drunks, idiots, old farts who drive the wrong way down motorways, and joyriders. And why should they be out there doing their job when they can sit around at the station, raking in the profits, eating doughnuts and congratulating themselves on what a great job their cameras are doing.

As you can tell I feel pretty strongly about this highway robbery and I was quite prepared to take a bigger fine and more points just to have my say in court instead of knuckling under. More people should try it.
 


Nick, I sense a very valid point here.

No one should just accept the basic NIP or when it even goes further. Generally speaking the CPS & Police are not able to track the potential earners (cameras etc.) as there are too many!!!!

Untill the digital cameras are everywhere, these people look for an easy kill. They will show faces, and do, so be warnd.

Hold out. There is no way for the "system" to keep on persecuting generally law abiding citizens. And finding all the alledged drivers. N more importantly, proving who was the driver.

Dont forget our legal system is under much scruteny from Euroland. As in no one should have to "grass" on who the actual driver is. Mot there yet. Mores the shame

This is MHO as having been a "pig"

Mark
 
  Honda Civic Type R GT


Luckily for me the FBI dumped around 7000 paedophile cases into the system very shortly after mine. Id like to think theyd take priority.

Regards,

Tommy.
 


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