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Author Topic: Two more days to go  (Read 4593 times)

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Field Marshal Dr. Opti

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Re: Two more days to go
« Reply #30 on: 27 April 2021, 13:33:19 »

.......
Anyway, no NIP yet, 11 days and counting. If it doesn't arrive, this will be three times in a row, although 43 is definitely the highest transgression.

Hopefully they missed you.  :)

As I've posted several times before, and several times I've been told I was a fool to give up so easily, two of my speeding NIP's were way beyond the 14 days arrival time. Both were camera van offences so I wasn't spoken to at the scene and both were in my own personal vehicle, registered to me. I challenged both on the advice of Pepipoo and sent off the pre-written letter stating the 14 day limit.

This is what I received back both times:

'The law states that the police must send the NIP within 14 days of the offence, not including the day it happened. So, the NIP you receive must be dated within 14 days of the offence. If it is dated outside of this time, the notice is invalid.'

With the offer of contesting it in Court, and with me being guilty as charged, I really couldn't be arsed to challenge it that far, so yes, I did give in to their intimidation. The reply stated that they would claim that it was sent in good time so why wouldn't they expect it to arrive on time.  :-\

The wording should be along the lines of 'The NIP must be served to the driver or registered keeper of the offending vehicle within 14 days of the offence. Failure to serve the NIP within this time limit will result in the offence not proceeding at court.'
So, they lied to me, both times, even though it's there for all to see.  >:(

No point me debating this as it was a few years back now and although I'm told I should have rejected them, which I did, I clearly didn't do it with enough commitment.
So, the Police misled me both times about only the date on the letter mattering, in writing. I survived the ordeal, I got over it, their intimidation worked on me.  :)
Don't feel bad about it. If a NIP lands on my doormat 15, 16 or even 17 days after the offence, I will not contest it. Mostly because I really can't see how I could prove it was late, but also because I was speeding. I'm just hopeful that, if it doesn't arrive within the time limit, there's a reasonable chance it won't arrive at all.

What if it arrives 25 or 30 days after the event?

That depends on the date of the NIP.

If its dated later than the 14 days then you have a good case, but dated within the 14 days and with time for delivery it then gets tricky as you then have to prove it was late.  ???

Postmarks don't have dates anymore I think?  ??? :-\

I was wondering if he 'could be arsed' to contest it or just pay up for an easy life. :)
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LC0112G

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Re: Two more days to go
« Reply #31 on: 27 April 2021, 14:31:45 »

What if it arrives 25 or 30 days after the event?

That depends on the date of the NIP.

If its dated later than the 14 days then you have a good case, but dated within the 14 days and with time for delivery it then gets tricky as you then have to prove it was late.  ???

Postmarks don't have dates anymore I think?  ??? :-\

Which is why you should make yourself scarce on days 14 and 15.

Anything dated day 14 or later is an automatic get out of jail free card - it cannot possibly have arrived by post within the 14 day limit.

If the NIP is dated on day 13, and sent by first class post, then service is presumed on day 15, which is outside the limit. It could actually arrive on day 14, in which case it would be in time, but the prosecution would have to prove it was actually delivered on day 14 which is something they couldn't do. If you knew it had arrived on day 14, then it would be a serious offence to claim it was late - because you knew it wasn't. So make yourself scarce (visit the mother in law) for days 14 and 15 and then you can honestly claim you don't know when it arrived.

Anything dated on day 12 or earlier is (as you say) much more difficult, unless weekends, Bank holidays, Postmarks or Post office strikes come to the rescue.
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Sir Tigger KC

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Re: Two more days to go
« Reply #32 on: 27 April 2021, 17:11:33 »

I used to have a bad habit of zipping through the lights on amber before they went red.  ::)

I was cured of this when I got two NIP's through the letter box on the same day, after they fitted 'speed on green' cameras to the traffic lights!  :(

One sixty quid fine and three points, and a speed awareness course.  :)

Made my day!  ;D
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Re: Two more days to go
« Reply #33 on: 27 April 2021, 18:54:21 »

.........
Anything dated on day 12 or earlier is (as you say) much more difficult, unless weekends, Bank holidays, Postmarks or Post office strikes come to the rescue.

I fully agree with what you are saying.  :y  For the benefit of anyone who's never been in this situation I'll explain why I feel they play dirty.
One of mine was dated the 11th day after the offence and the other the 8th day. The one dated the 8th day got caught up in a postal strike and arrived 31 days after the offence so I challenged it. The reply was that it was sent in good time so they had every right to believe that it would arrive in time and that would be their reasoning in court, as they couldn't be expected to know that it would get hooked up in the postal strike. Note that I'd have had to go to court, it would not be rejected immediately as the date on the letter was within the time scale. They are still using this tactic now.
They must bank on people reacting like I did, and that's why I feel they play dirty, as I was on ten foot of concrete with that one but just didn't want to go to court.
They use that court challenge as a means of putting people off pursuing it.
On another note, the other NIP had the wrong registration number on the NIP paperwork as well as being late, an E instead of an F. I decided to challenge that one but was warned, again by the police or civilian worker, that as the photo clearly showed me driving, it didn't matter if the registration number quoted was an E, an F or a P, Q or anything else, the court would still know that it was me driving. It would be put down as an Admin Slip.


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LC0112G

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Re: Two more days to go
« Reply #34 on: 27 April 2021, 19:19:34 »

.........
Anything dated on day 12 or earlier is (as you say) much more difficult, unless weekends, Bank holidays, Postmarks or Post office strikes come to the rescue.

I fully agree with what you are saying.  :y  For the benefit of anyone who's never been in this situation I'll explain why I feel they play dirty.
One of mine was dated the 11th day after the offence and the other the 8th day. The one dated the 8th day got caught up in a postal strike and arrived 31 days after the offence so I challenged it. The reply was that it was sent in good time so they had every right to believe that it would arrive in time and that would be their reasoning in court, as they couldn't be expected to know that it would get hooked up in the postal strike. Note that I'd have had to go to court, it would not be rejected immediately as the date on the letter was within the time scale. They are still using this tactic now.
They must bank on people reacting like I did, and that's why I feel they play dirty, as I was on ten foot of concrete with that one but just didn't want to go to court.
They use that court challenge as a means of putting people off pursuing it.
Yet if you'd gone to court you would have won. That's what is so insidious about the whole NIP/CoFP process - they're coercing innocent people into pleading guilty because it's cheaper for them, and they can do more people with less resources. If everyone opted to ignore the CofP and go to court, the system would grind to a halt and the Govt would have to do something to relax the rules.

On another note, the other NIP had the wrong registration number on the NIP paperwork as well as being late, an E instead of an F. I decided to challenge that one but was warned, again by the police or civilian worker, that as the photo clearly showed me driving, it didn't matter if the registration number quoted was an E, an F or a P, Q or anything else, the court would still know that it was me driving. It would be put down as an Admin Slip.

Wrong again. The NIP is asking who was driving the car with that registration on that date at that place. Wait till day 25 of the NIP period, and then reply saying you have no idea who was driving since you have no connection with any car with that registration. Which is 100% true.

Someone will look at the reply and work out that the reg on the NIP was wrong. However, if they attempt to re-issue a NIP with the correct reg, it'll arrive well after the 28 day limit for postal NIPs, so you reply to the NIP saying who was driving (to avoid a S172 charge)- but critically they cannot do you for the speeding offence since the NIP is out of date.

Small errors in the spelling of your name, or the location are de-minimus - and will be overlooked by any court. Major errors, like the time, date, or reg number cannot be overlooked.

....that as the photo clearly showed me driving....

So the civilian administratior of scam connections knows what YOU look like, and can stand up in court and say that the person in the photo is definatley YZ250? Yeah, right.
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Sir Tigger KC

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Re: Two more days to go
« Reply #35 on: 27 April 2021, 20:10:35 »

I guess it just comes down to how lucky you're feeling!  :)
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Re: Two more days to go
« Reply #36 on: 27 April 2021, 20:39:51 »

I guess it just comes down to how lucky you're feeling!  :)

It would have been the only time that I'd been in court and been in the right ..........
and I blew it and let the opportunity pass. Damn, that was careless of me.   ;D
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Re: Two more days to go
« Reply #37 on: 28 April 2021, 17:34:10 »

they're coercing innocent people into pleading guilty
Innocent of the offence, or guilty but technically unconvictable?  ;)
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Re: Two more days to go
« Reply #38 on: 28 April 2021, 19:04:24 »

they're coercing innocent people into pleading guilty
Innocent of the offence, or guilty but technically unconvictable?  ;)

Innocent. You can only be guilty of an offence if all the conditions attached to that offence are met. One of the conditions for speeding is that a valid NIP is served within 14 days. The courts/police/CPS aren't free to pick and chose which conditions they want to ignore.
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Re: Two more days to go
« Reply #39 on: 28 April 2021, 19:05:08 »

Free the Barnsley one!  ;D
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Re: Two more days to go
« Reply #40 on: 28 April 2021, 23:02:32 »

They got you then ?  :-\
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Re: Two more days to go
« Reply #41 on: 28 April 2021, 23:35:17 »

3 points or the choice of speed awareness or a Specsavers voucher.  ::) ;D
Presumably it was a 30 limit, so if the speedo was 43, that likely to be 40-41 mph, which I think is beyond the threshold to be offered a patronisation course.
High 30's more like.
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STEMO

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Re: Two more days to go
« Reply #42 on: 29 April 2021, 06:45:02 »

They got you then ?  :-\
No, nothing yet Albs.  :)
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Field Marshal Dr. Opti

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Re: Two more days to go
« Reply #43 on: 29 April 2021, 13:23:16 »

Free the Barnsley one!  ;D

.......and his whippet. :)
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Andy B

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Re: Two more days to go
« Reply #44 on: 29 April 2021, 15:38:54 »

3 points or the choice of speed awareness or a Specsavers voucher.  ::) ;D
Presumably it was a 30 limit, so if the speedo was 43, that likely to be 40-41 mph, which I think is beyond the threshold to be offered a patronisation course.
High 30's more like.
I was clocked at 37mph to be invited to a speed/driver awareness course
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