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[Nick W]

Now now Rog, take some MTFU pills and a glass bottle of a stiff Bordeaux and get it done for the team

Corrected, and . . .

You know what, I just might. Possibly not so bad with the kit off . . . . .and a bag, Oh and a gobstopper

So that's your attire sorted; what about hers?

[Doctor Gollum]

Trousers, a plaid shirt and sensible shoes

[STEMO]

This 14 day thing is very iffy. It would have to be well over 14 days to escape prosecution.

No, it wouldn't. The 14 day 'thing' is in the primary legislation. It's a cast iron defence backed up by case law.

However, it only applies if you were the registered keeper of the vehicle at the time of the offence, and you hadn't recently changed address/bought the car etc. This was a hire car, so it doesn't apply. The RK will be the hire car company, so providing they got the NIP/S172 within 14 days then that section of the law has been complied with.

There are ways to defeat/frustrate speeding cases in Scotland for English residents - all depends on how keen the 'offender' is. Pepipoo is the place to research this.

Yeah....if you can prove you didn't get it within 14 days.

[Marks DTM Calib]

Dear Mr . . . . .

You are hereby summoned to attend court and give the SNP leader a due seeing-to in the presence of witnesses

If Lord Opti got a letter like that he'd be up the A1 like a scalded cat!!   

Indeed whilst in a scalded cat (stopping regularly for fuel)

[hotel21]

This 14 day thing is very iffy. It would have to be well over 14 days to escape prosecution.

No, it wouldn't. The 14 day 'thing' is in the primary legislation. It's a cast iron defence backed up by case law.

However, it only applies if you were the registered keeper of the vehicle at the time of the offence, and you hadn't recently changed address/bought the car etc. This was a hire car, so it doesn't apply. The RK will be the hire car company, so providing they got the NIP/S172 within 14 days then that section of the law has been complied with.

There are ways to defeat/frustrate speeding cases in Scotland for English residents - all depends on how keen the 'offender' is. Pepipoo is the place to research this.

Yeah....if you can prove you didn't get it within 14 days.

Date of postmark is considered applicable date, not date of receipt.

If said date is out with 14 days of date of offence then defence is complete and case is liable to be binned.

[STEMO]

Can't remember the last time I got an official letter that had been franked.

[YZ250]

Date of postmark is considered applicable date, not date of receipt.

If said date is out with 14 days of date of offence then defence is complete and case is liable to be binned.

I agree with this from my own personal experience, whether I was conned or not is another matter.    I have posted this on here several times before.

A few years back I got done for speeding by a camera van. My NIP arrived 31 days after the offence. I was driving my own car, registered to me for at least five years and I had not changed address for at least 20 years. I had heard about the 14 day 'rule' so I challenged it, admittedly only by post. I received a letter back stating that ' The NIP had been sent well within the 14 day deadline but had been delayed by a postal strike. The intention was for it to arrive within the 14 days and it was reasonable assumption on their part that it would. They had no reason to think otherwise'.
As I have access to a legal team through my company, I showed them the letter with a view to challenging it on principle rather than reality, as I was actually guilty. They advised me that the NIP still stood as it had been sent within the time frame and they had every belief that it should arrive within that time frame.
Like I say, maybe I was conned, but as I was guilty I took the hit. 

[hotel21]

In my experience the outgoing letter is franked 'in house' by the camera enforcement unit as it 1) gives a date stamp and 2) the postal rate is cheaper than standard general postage. This means that the date of postmark is stamped by the sender, not the post office, hence its ability to be used as a defence.

[LC0112G]

Date of postmark is considered applicable date, not date of receipt.

If said date is out with 14 days of date of offence then defence is complete and case is liable to be binned.

No. Absolutely No. How many times does it need explaining!

Section 1 of the ROTA 1988 says http://www.legislation.gov.uk/ukpga/1988/53/section/1

1 Requirement of warning etc. of prosecutions for certain offences.

(1)Subject to section 2 of this Act, [F1a person shall not be convicted of an offence to which this section applies unless

(a)he was warned at the time the offence was committed that the question of prosecuting him for some one or other of e offences to which this section applies would be taken into consideration, or

(b) within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or

(c) within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was—

(i) in the case of an offence under section 28 or 29 of the M1Road Traffic Act 1988 (cycling offences), served on him,

(ii) in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.

Section 1-1-c-ii is the relevant bit for speeding, so the S172/NIP must be served on the Registered Keeper within 14 days. Served has a specific legal meaning defined in section 7 of the Interpretation Act 1978 the http://www.legislation.gov.uk/ukpga/1978/30

7 References to service by post.
Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

So service is deemed to be on normal delivery, which for 1st class post is 2 working days. http://www.bailii.org/ew/cases/EWHC/Admin/2009/2924.html

The nip is deemed "served" when it drops through the letter box at the address held by DVLA for the RK. Doesn't matter if you are in, out or shaking it all about. 

[GastronomicKleptomaniac]

Yes, it has to be posted to arrive in the normal course of post in 14 days. So they can't send it second class on the 13th day, or if there's a planned postal strike.

Not that any of this helps right now...

[LC0112G]

Yes, it has to be posted to arrive in the normal course of post in 14 days. So they can't send it second class on the 13th day, or if there's a planned postal strike.

Not that any of this helps right now...

They can't sent it 2nd class full stop. The first NIP/S172 in the chain can only be served by either Registered, Recorded delivery or First class post.

But I agree, none of it helps in this situation.

[TheBoy]

This 14 day thing is very iffy. It would have to be well over 14 days to escape prosecution.

No, it wouldn't. The 14 day 'thing' is in the primary legislation. It's a cast iron defence backed up by case law.

However, it only applies if you were the registered keeper of the vehicle at the time of the offence, and you hadn't recently changed address/bought the car etc. This was a hire car, so it doesn't apply. The RK will be the hire car company, so providing they got the NIP/S172 within 14 days then that section of the law has been complied with.

There are ways to defeat/frustrate speeding cases in Scotland for English residents - all depends on how keen the 'offender' is. Pepipoo is the place to research this.

Yeah....if you can prove you didn't get it within 14 days.

Date of postmark is considered applicable date, not date of receipt.

If said date is out with 14 days of date of offence then defence is complete and case is liable to be binned.

One possibly for H21...

Hypothetically speaking , if I were to have bought a car 2 months ago, sent off logbook immediately, received that back after a couple of weeks, then approx. 6-7 weeks after buying said vehicle might have accidentally exceeded the speed limit whilst passing a cleverly disguised camera van (bastids, that ain't playing fair)...

...would I be able to deem myself "safe" by the end of this week (which will be 3rd week)?


Obviously, all hypothetically, of course, what with me being a shining light of law abidingness....

[Doctor Gollum]

That'll learn you...

[Lazydocker]

This 14 day thing is very iffy. It would have to be well over 14 days to escape prosecution.

No, it wouldn't. The 14 day 'thing' is in the primary legislation. It's a cast iron defence backed up by case law.

However, it only applies if you were the registered keeper of the vehicle at the time of the offence, and you hadn't recently changed address/bought the car etc. This was a hire car, so it doesn't apply. The RK will be the hire car company, so providing they got the NIP/S172 within 14 days then that section of the law has been complied with.

There are ways to defeat/frustrate speeding cases in Scotland for English residents - all depends on how keen the 'offender' is. Pepipoo is the place to research this.

Yeah....if you can prove you didn't get it within 14 days.

Date of postmark is considered applicable date, not date of receipt.

If said date is out with 14 days of date of offence then defence is complete and case is liable to be binned.

One possibly for H21...

Hypothetically speaking , if I were to have bought a car 2 months ago, sent off logbook immediately, received that back after a couple of weeks, then approx. 6-7 weeks after buying said vehicle might have accidentally exceeded the speed limit whilst passing a cleverly disguised camera van (bastids, that ain't playing fair)...

...would I be able to deem myself "safe" by the end of this week (which will be 3rd week)?


Obviously, all hypothetically, of course, what with me being a shining light of law abidingness....

Man up and take one for the team, hypothetically of course. 

Unless it's into ban territory and then that's a bit of an issue

[Doctor Gollum]

A ban would be OK... He can already work from the sofa... Hypothetically