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Jonny491
Borekit Bruiser



Joined: 17 Feb 2014
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PostPosted: 23:33 - 09 Dec 2016    Post subject: Speeding Reply with quote
Right guys back in June I got caught speeding I was doing 57 in a 30 (yes I'm a dick for doing it I'm aware of that) I received the notice of intended prosecution and sent it off admitting it was me, however I've have now only just received a letter saying I have been charged with an offence and I can plead guilty my post.

I was going to just send it straight back off pleading guilty but a couple of people have told me it's gone past the time limit sp I should seek legal advice

Can anyone shed any light on this?

Cheers
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ScaredyCat
World Chat Champion



Joined: 19 May 2012
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PostPosted: 23:37 - 09 Dec 2016    Post subject: Reply with quote
How long ago was it?
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Jonny491
Borekit Bruiser



Joined: 17 Feb 2014
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PostPosted: 23:38 - 09 Dec 2016    Post subject: Reply with quote
I got caught on 25/6/16
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ScaredyCat
World Chat Champion



Joined: 19 May 2012
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PostPosted: 23:41 - 09 Dec 2016    Post subject: Reply with quote
They have up to 6 months to lay before the courts.

You're probably looking at a ban (28 days) or 6 points. 90% over the limit there. Seek legal advice.
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Last edited by ScaredyCat on 23:47 - 09 Dec 2016; edited 2 times in total
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Dave70
World Chat Champion



Joined: 21 Jan 2012
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PostPosted: 23:45 - 09 Dec 2016    Post subject: Reply with quote
If I'm correct, there's a limit of 2 weeks but, that's for the NIP to be sent to you.

Not sure what or if there's any time frame beyond that point though.

Someone here will be along with more of an idea though.

EDIT:^^^ Told you so. Very Happy

Best of luck. Thumbs Up
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CaNsA
Super Spammer



Joined: 02 Jan 2008
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PostPosted: 00:58 - 10 Dec 2016    Post subject: Re: Speeding Reply with quote
Jonny491 wrote:
57 in a 30 (yes I'm a dick for doing it)


No, you're a dick for getting caught.
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Wafer_Thin_Ham
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Joined: 18 Nov 2005
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PostPosted: 08:36 - 10 Dec 2016    Post subject: Reply with quote
Did you get pulled over, or was it via a camera. I believe the time frames for the NIPs/summons are different?

Six months for a tug, and 2 weeks for the NIP from a camera?

EDIT-

Just seen the bit about you receiving the NIP. What time limit are your mates saying you're outside? Once you've received the NIP, I think it's six months, but it would be worth checking on peppipoo or similar.
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Last edited by Wafer_Thin_Ham on 12:18 - 10 Dec 2016; edited 1 time in total
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arry
Super Spammer



Joined: 03 Jan 2009
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PostPosted: 08:56 - 10 Dec 2016    Post subject: Reply with quote
Wafer_Thin_Ham wrote:
Did you get pulled over, or was it via a camera. I believe the time frames for the NIPs/summons are different?

Six months for a tug, and 2 weeks for the NIP from a camera?


Correct, you're served your NIP when pulled so that negates the 14 days part. They then have 6 months to send the summons.
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G
The Voice of Reason



Joined: 02 Feb 2002
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PostPosted: 09:08 - 10 Dec 2016    Post subject: Reply with quote
arry wrote:
They then have 6 months to send the summons.

I thought they had 6 months to present the case to the CPS, who would then arrange the summons in their own time?
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MattEMulsion
World Chat Champion



Joined: 29 Aug 2004
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PostPosted: 11:13 - 10 Dec 2016    Post subject: Reply with quote
I would say that they are still within their legal timeframe to charge you with the offence. The NIP was served within the 14 days I assume, (it doesn't really matter now anyway because you responded to it), and they are still within six months regardless now so they can proceed with prosecuting you. Good luck.
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stinkwheel
Bovine Proctologist



Joined: 12 Jul 2004
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PostPosted: 12:13 - 10 Dec 2016    Post subject: Reply with quote
G wrote:
arry wrote:
They then have 6 months to send the summons.

I thought they had 6 months to present the case to the CPS, who would then arrange the summons in their own time?


For a magistrates court, they have to lay the information before the court within 6 months of the date of the offence.

They have to have the first actual hearing strictly within 6 months in Scotland.

Although in both cases, if you let them start hearing a time expired case, they can finish so you have to move they can't hear the case at the start of proceedings.

Section 127 of the Magistrates Court act 1980

Quote:
Limitation of time.

(1)Except as otherwise expressly provided by any enactment and subject to subsection (2) below, a magistrates’ court shall not try an information or hear a complaint unless the information was laid, or the complaint made, within 6 months from the time when the offence was committed, or the matter of complaint arose.


That's for a non-indictable offence. So if they were having you up for dangerous driving, it could still be heard in a crown court at any time.

So yes OP. You're screwed. They are 2 weeks within their time limit.
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venari
Borekit Bruiser



Joined: 30 Jan 2015
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PostPosted: 14:44 - 10 Dec 2016    Post subject: Reply with quote
I was caught doing 97 in a 70 in August (on a dual carriageway, not a motorway).

The NIP went to my work (company car) and it said they had to reply within a month so we sent it back recorded delivery two days before the deadline.

In effect they didn't know it was me driving for a month and only after that month was up did I receive a new NIP addressed to me personally.

How does that fit in with the two week rule???
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Nobby the Bastard
Harley Gaydar



Joined: 16 Aug 2013
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PostPosted: 14:45 - 10 Dec 2016    Post subject: Reply with quote
venari wrote:
I was caught doing 97 in a 70 in August (on a dual carriageway, not a motorway).

The NIP went to my work (company car) and it said they had to reply within a month so we sent it back recorded delivery two days before the deadline.

In effect they didn't know it was me driving for a month and only after that month was up did I receive a new NIP addressed to me personally.

How does that fit in with the two week rule???


It has to be received by the registered keeper within those two weerks. Anything else is fair game.
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definitelyinc...
Trackday Trickster



Joined: 09 Nov 2016
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PostPosted: 16:04 - 10 Dec 2016    Post subject: Re: Speeding Reply with quote
CaNsA wrote:
Jonny491 wrote:
57 in a 30 (yes I'm a dick for doing it)


No, you're a dick for getting caught.


LOL agree with that for sure, when riding at night I always see riders going way past the limit, might even be guilty myself occasionally.
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berzerker
Renault 5 Driver



Joined: 27 Sep 2013
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PostPosted: 16:49 - 10 Dec 2016    Post subject: Reply with quote
Nobby the Bastard wrote:

It has to be received by the registered keeper within those two weerks. Anything else is fair game.


NIP has to be sent by registered, recorded or first class post within 14 days to the registered keepers last known address for it to be valid. If you never receive one it still counts as served if plod can prove they sent it (which they ususally can).

venari wrote:
I was caught doing 97 in a 70 in August (on a dual carriageway, not a motorway).

The NIP went to my work (company car) and it said they had to reply within a month so we sent it back recorded delivery two days before the deadline.

In effect they didn't know it was me driving for a month and only after that month was up did I receive a new NIP addressed to me personally.

How does that fit in with the two week rule???


The letter is made up of two forms, a NIP and a Section 172 notice which requires the registered keeper to identify the driver within 28 days. Your company is the registered keeper and have been 'NIPped' within the 14 days which fulfils plods obligation under Section 1 of the Road Traffic Offenders Act 1988. Your company have identified you as the driver within 28 days and you have been sent a NIP, there is no time limit on that part other than the offence should be laid (put before the magistrates for a summons or PCR to be issued) within 6 months of the date of the offence.
Simples Shocked
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Nobby the Bastard
Harley Gaydar



Joined: 16 Aug 2013
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PostPosted: 16:58 - 10 Dec 2016    Post subject: Reply with quote
berzerker wrote:
Nobby the Bastard wrote:

It has to be received by the registered keeper within those two weerks. Anything else is fair game.


NIP has to be sent by registered, recorded or first class post within 14 days to the registered keepers last known address for it to be valid. If you never receive one it still counts as served if plod can prove they sent it (which they ususally can).


So, the times when people have proved that they couldn't have received it due to postal strikes are imaginary?

It's assumed that it is delivered UNLESS evidence is provided to shop that it wasn't/couldn't have been.
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trevor saxe-coburg-gotha:"Remember this simple rule - scooters are for men who like to feel the breeze on their huge, flapping cunt lips."
Triumph Sprint ST 1050
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berzerker
Renault 5 Driver



Joined: 27 Sep 2013
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PostPosted: 17:05 - 10 Dec 2016    Post subject: Reply with quote
Nobby the Bastard wrote:

It has to be received by the registered keeper within those two weerks. Anything else is fair game.


I guess it would be difficult to prove something was posted if Pat & Co were on strike but then thats not what you've said in the quoted post. Plod provide proof of posting via Royal Mail and statements from their admin clerks to prove service.
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Pjay
World Chat Champion



Joined: 18 Jan 2016
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PostPosted: 17:14 - 10 Dec 2016    Post subject: Reply with quote
So 6 months from the date of the offence is the end of this month.
I'd do nothing until the end of the month and then say not guilty.
By the time they receive your not guilty, time is up, they cant bring the case to court.

Winrar.
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Nobby the Bastard
Harley Gaydar



Joined: 16 Aug 2013
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PostPosted: 17:40 - 10 Dec 2016    Post subject: Reply with quote
berzerker wrote:
Nobby the Bastard wrote:

It has to be received by the registered keeper within those two weerks. Anything else is fair game.


I guess it would be difficult to prove something was posted if Pat & Co were on strike but then thats not what you've said in the quoted post. Plod provide proof of posting via Royal Mail and statements from their admin clerks to prove service.


Quoting the early post and responding to a later post that clarifies the situation is considered to be bad form.

Nobby the Bastard wrote wrote:


It has to be received by the registered keeper within those two weerks. Anything else is fair game.



OP wrote:
NIP has to be sent by registered, recorded or first class post within 14 days to the registered keepers last known address for it to be valid. If you never receive one it still counts as served if plod can prove they sent it (which they ususally can).


Nobby the bastard wrote:

So, the times when people have proved that they couldn't have received it due to postal strikes are imaginary?

It's assumed that it is delivered UNLESS evidence is provided to shop that it wasn't/couldn't have been.

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trevor saxe-coburg-gotha:"Remember this simple rule - scooters are for men who like to feel the breeze on their huge, flapping cunt lips."
Triumph Sprint ST 1050
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