dave17
Member
Registered: 3rd Sep 02
Location: Greater London
User status: Offline
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YET bout being caught doing 59 in a 30mph zone. got caught by one of those hand held lazer things. the officer told me i will have to go to court due to the speed and gave me a producer. i went to the police station the next day and confirmed all the details etc.
now i originally thought that the police had 6 months to let me know whats going on, but i haven recieved anything.
people i have spoken to have said that she sould have sent me an NIP (notice of intended prosecution) within 14days? looked yp on the internet and found this:
c) a notice of intended prosecution, specifying the nature of the offence and the time and place where it is alleged to have been committed, must be served on the offender, or the registered keeper of the vehicle at the time of the offence, within 14 days of the offence.
These provisions are deemed to have been complied with unless or until the contrary has been proved (ie you will have to raise it).
If you have not been given the notice within 14 days (ignoring the day of the offence) then they cannot proceed against you unless an exception applies (see below
Exceptions & Get Outs
a) No such notice is required if a full or provisional fixed penalty notice has been given or fixed under the Provisions of the Road Traffic Offenders Act 1988
b) A notice sent by post must be dispatched so that it would reach the driver within the 14 days within the ordinary course of the post. If this is the case then it will have been deemed to have been served even if it is delivered outside the 14 day period.
c) If there is an accident involving the vehicle in question, of which the driver is aware, then the police do not need to provide a Notice of Intended Prosecution.
d) Failure to comply is no bar where the police could not with reasonable diligence have ascertained the name and address of the accused in time for service of the summons or notice within the 14 day period, or the accused contributed to such failure. [These are our highlights - might apply for example if you drive a hire car, company car or you were not the registered keeper]
e) Service of a notice at the last known address of the accused will suffice for good service.
the only point that makes me wonder is point D where it says about not being the registered keeper, as the cars in my mums name.
any1 know what could be going on?
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timrud_
Member
Registered: 3rd Jul 04
Location: Sheffield
User status: Offline
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Yes, NO NIP is needed, he verbally did that.
So the 14 day thing is way out of the window.
The registered keeper thing is not applicable either. As the Policeman established who was driving by giving you a producer.
You have looked up totally the wrong topic here, as all this refers to static cameras and mobile ones where at the time of the offence your not cautioned.
Any more questions PM me....
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dave17
Member
Registered: 3rd Sep 02
Location: Greater London
User status: Offline
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so ive got 6months to wait right?
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timrud_
Member
Registered: 3rd Jul 04
Location: Sheffield
User status: Offline
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Yes in 6 months time it will be statute barred, and the prosecution will be out of time.
However! That doesn't mean it is all over, as that can be revoked by a Judge if reasonable grounds are given. However get a good defence solicitor and you should be ok IF that happens (which it shouldn't to be fair)
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dave17
Member
Registered: 3rd Sep 02
Location: Greater London
User status: Offline
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well the exact 6month date is 12th Feb 2005.
what kinda reasonable ground could it get revoked on?
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timrud_
Member
Registered: 3rd Jul 04
Location: Sheffield
User status: Offline
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Doesn't happen very often at all, and normally it would be in a more detailed case, with say witness issues or evidential issues also. i.e a problem that is not CPS or Polices fault for it not getting things to you in 6 months.
I've not seen one this year I don't think, so discount it as a realistic issue for you!
Expect to hear about early to mid January.
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dave17
Member
Registered: 3rd Sep 02
Location: Greater London
User status: Offline
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yeh i am expecting to hear from them, and they bad news that brings with it. people r tellin me i got away with it, but knowing my luck itl prob turn up on 11th feb.
its like a dark cloud hanging over me, but it was me drivin, so i gota deal with it.
cheers 4 ur help tho mate, cleared up a few things 
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