I am going to court for a speeding offence. The NIP was over 4 weeks old when I received it. Win or lose?

Question

The law states that a speeding fine has to be issued within 2 weeks of being caught. I recieved mine after 4 weeks therefore it should be invalid. I refused to pay and opted to go before the magistrates. Did I do right?

I was only doing 46 in a 40 mile area. The NI{P was dated and well outside the two week notification period. All NIP's should be issued within 2 weeks of being caught. That is the law unless there has been a postal strike thereby delaying it's delivery.

Answer 1

To any sane and fair-minded person, yes your argument wins.

But this is the law you are talking about, and no one involved with it is either sane or fair-minded.

If you go in without a lawyer, the prosecution will refuse to concede defeat to an imbecile (this technical lawyer talk, it means "nonlawyer"), and will pull some gibberish out the excretory end of his gastro-intestinal tract in an attempt to hoodwink anybody watching. Not even the judge of course will know what the heck the prosecutor is talking about, but a judge's biggest fear is to be outed as a fraud and fool, and will go along with it in order to keep his secret extra chromosome a secret for another day at least. Indeed, the judge will feign outrage at YOU for having the audacity to come into HIS--not the people's, or the state's or the county's, but HIS--courtroom and usurping the province of the Highly Trained and Professionally Certified miscreants and demons who are the only Authorized Practitioners of the sport of Law. Between the judge and the prosecutor, they will slice you up like a squid and feed you to the Bailiff, and yours won't be the only Blood of the Innocents dripping down his shirt. Like vampires, these people need not only perpetual Darkness, but a daily dose of innocent blood to survive.

So if you want to try it go ahead. It's probably worth a shot. But just remember there is no such thing as having the Law on your side, when the only thing that counts is money, power and influence, all of which you will have demonstrated the utter lack of by walking into a courtroom without a lawyer.

One tip: Go to the mall and buy the biggest Mercedes-Benz key ring you can find, and put all your keys on it, then drop it on the floor when talking to the prosecutor and do it again when the judge comes in. Hopefully somebody on that side will notice that you are one of them, and show some mercy if not full protection from the Law.

Answer 2

What you detail is not entirely true and there are some circumstances where there could be delays when there is difficulty in identifying the owner of the car or other elements that effect the time frame.

You should remember though that the CPS will not undertake a prosecution unless they are reasonably certain of a conviction. I fear that the ice is thin and melting dont hold out too much hoipe of getting off very few contested speeding offences are sucessful.

The other element to consider is that the fine if you are found guilty will be higher and there will be associated costs.

Answer 3

Now for the real answer.

The notice must be posted so that, in the normal course of the post, it should arrive within 14 days from the day following the offence. It does not have to be received within that time. It is also possible to give the notice verbally at the time of the offence, or it can be included on the notice you are given to produce your documents at a police station.

It is possible to send the notice late if the police could not, with due dilligence, ascertain the name and address any sooner or if the accused contributed to the delay (for example by not notifying DVLA that he/she was the owner of the vehicle).

Answer 4

As far as i can remember there is provision for the NIP date of issue to be extended in law if there is a reasonable excuse, i can't remember how long the actual time span is but I'd imagine that the camera partnership has covered their backs BEFORE sending you the NIP.. I'd check with a lawyer for the specifics but i think you could be on shaky ground and will probably end out costing you a lot more in the end.. Sorry..

Answer 5

There's a very high probability that you will get off. Most people who go to court following a speeding thing, get off. Reason is that often the fuzz just get things mixed up as in your case, where they issued a vital piece of evidence too late.

That's the main point in English law - the evidence and if they cannot produce it then you ain't guilty.

And in answer to your question - yes, you done right!

Good luck - these UK.gov spivs only want to rip us off.

Answer 6

You need to give more detail.An NIP should be delivered to your last known address within 14 days but not if a verbal one was given at the time or if a fixed penalty has been issued to you.

Answer 7

i'm curious to understand how absolutely everyone gets a rushing value tag at any time different than after the law enforcement officers pulled you over, except you fled after a cop tried to drag you over, wherein case, you will have been arrested by now! (of direction, if this became an automatic value tag issued by a valid site visitors/anti-rushing digital camera, then a minimum of i'd understand the value tag being mailed). Regardless, your question won't be able to be spoke back with out understanding the jurisdiction wherein the rushing happened (i.e., no longer inevitably the comparable jurisdiction with the aid of fact the value tag, as you've got crossed city/city/county/state/united states of america borders, for all all of us understand). you do no longer even say which united states of america this happened in! besides, you probably did no longer point out no rely if the value tag became fairly "issued" at that late date, or no rely in case you purely "won" it at that factor; courts usually do no longer care how long the postal amenities took to get it to you, or, for that rely, once you won it (e.,g., in case you're distant places and your mothers and dads had to forward it to you). In any experience, you probably did no longer say which you have been harmless of the cost, so, by all potential, contest the validity (as long as you fairly have been given the value tag after it became ISSUED 4 weeks late, which, of direction, assumes that there fairly is a statute of barriers or comparable on issuing tickets on your section), yet anticipate to lose except you are able to teach that it became ISSUED late (i.e., the "date of incident" on the value tag shows such). in basic terms verify which you state your case flippantly and with admire to the choose or Justice of the Peace, or you are able to kiss any achievable loophole "see you later"!

Answer 8

You've already admitted the offence by saying you were doing 46 in a 40 zone.

Why don't you just be grown up about it and take the rap?

Answer 9

no... its an old wives tale... plod can extend the period of NIP if and as it suits... ie if theyre snowed under with work, they can extend it... it was 6 months... and all plod has to do is say your nicked sunshine... and you are... there is NO get out of jail free card anymore.

Phone the CPS in your area, and see if you can have it dealt with as you made a mistake...

failing that, just going to court adds £150 onto the bill.. and if they think youre taking the mick, dependnt on how fast you were going, they can ban you...

Answer 10

If you haven't already discovered it, (and it sounds like you haven't) you are about to discover how life and the law are not really fair. That's an old tale that people who have been lucky enough not to be in the situation that you are currently in still believe. You would be amazed to see how credible the courts finds officers of the law and the Dept of law even if you and I know they are less than credible.