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Author Subject: Speeding... Fixed Penalty Notice
ash j

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Location: Fareham

Registered: 02 Mar 2011

Posts: 415

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Post #1
Just want peoples opinions on this.

At the beginning of May (3 May to be exact) I was caught speeding in a 30mph zone at 11.30pm at night.

Two officers were standing in a bus stop, their car parked round a corner, just holding a speed gun.

They stepped into the road and pulled me over, and showed that I was doing 44mph. There was absolutely no traffic on the road, and I was just dropping somebody off home after work, not keeping an eye on my speed as I was just chatting to them at a comfortable speed.

The road should never be a 30 if you saw it, but never mind, I can't argue about that as it is sign posted as a 30.

I was obviously quite annoyed about this, so I didn't mention or speak a word to the officer, just gave him my details, let him say what he had to say, and then went. Completely ignored him. Have nothing against most officers, but when you are sat in a bus stop, your car parked around a corner, at 11.30pm at night... you are a w**ker I'm afraid.

Anyhow, about 4 weeks have passed and heard nothing so I was wondering what was going on. He issued me with the paperwork at the side of the road and said I would get a letter in the post soon for a fixed penalty.

That letter has eventually arrived today.

It is dated 05/06/13 and shows date of incident 03/05/13. That is over a month after the offence date.

Now I may be wrong, but I thought the police has 14 days to serve you a notice?

Am I incorrect in my judgement? Or if I am correct, where do I stand?

Just want some other opinions on this.

Cheers for your time Smile
Posted 7th Jun 2013 at 19:47
thugpuggin

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Location: Bristol

Registered: 10 Apr 2004

Posts: 26,784

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Post #2
Speeding is wrong, no one does you are going to prison where Stan will visit to recruit you to UKIP.

Best pack a bag.

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Posted 7th Jun 2013 at 19:50
lee_gti6

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Location: Kent

Registered: 29 Jan 2005

Posts: 1,147

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Post #3
thugpuggin wrote:
Speeding is wrong, no one does you are going to prison where Stan will visit to recruit you to UKIP.

Best pack a bag.



Most helpful LOL

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Posted 7th Jun 2013 at 19:59
eliotrw

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Location: Southwark

Registered: 18 Jul 2010

Posts: 4,864

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Post #4
You don't have to pay it,
Unless there is a postal strike or the below, you are required to be notified within 2 weeks of the offense
IF
extra time is needed for the police to act with 'reasonable diligence' to find out who the registered keeper is and how to contact them;
or
if the delay was the driver’s fault, for example because they have not told the DVLA of a recent change of address.

http://www.which.co.uk/cars/driving/driving-advice/dealing-with-speeding-tickets/speeding-fines-your-rights/

Send it back stating you will be ignoring the letter as you were notified 5 weeks after the alledged incident

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Posted 7th Jun 2013 at 20:00
daver6

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Location: Durham

Registered: 08 Aug 2010

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Post #5
No excuses for speeding in a 30mph I'm afraid, but it would appear that 14 days is the maximum for the police to serve the NIP. You'll have to go to court to contest this, I'd imagine.

As you were caught doing a speed close to the minimum for prosecution (50), I'd imagine you'll still be bummed for the points even if you contest

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Posted 7th Jun 2013 at 20:04
eliotrw

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Location: Southwark

Registered: 18 Jul 2010

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Post #6
The law clearly says you have to receive notice within 14 days.
Do not pay it.
Send it back stating that you will be ignoring it as they failed to notify you within 14 days and saying that unless you hear back you will consider the matter closed

Its the law Smile

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Posted 7th Jun 2013 at 20:08
thugpuggin

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Location: Bristol

Registered: 10 Apr 2004

Posts: 26,784

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Post #7
^^ It's... Hope there isn't a postal strike when he returns it based on your advice.

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Posted 7th Jun 2013 at 20:10
eliotrw

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Location: Southwark

Registered: 18 Jul 2010

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Post #8
Regardless of their being a postal strike or something "act of god like" which there wasn't, They took nearly 3 times as long as they should.
Even if they come back to you with some bulls**t you will have loads of time to pay

Besides, You are required to respond withing 28 days, Not pay.

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Posted 7th Jun 2013 at 20:11
owain

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Location: Essex

Registered: 20 May 2009

Posts: 9,185

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Post #9
I'm afraid that 14 day thing is a myth. They have to *file* the ticket internally within 10 working days or whatever it is, but they have six months to send you the notice I believe it is.

Suck it up, take it like a man. If you can't do the time...

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Posted 7th Jun 2013 at 20:18
eliotrw

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Post #10
Its not a myth,
https://www.gov.uk/speeding-penalties

Read that.

Straight from the horses mouth...
Key quote:
"By law, the vehicle’s registered keeper must be sent a notice of intended prosecution within 14 days of the alleged speeding offence. "

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Posted 7th Jun 2013 at 20:23
ian7675

Techno Viking

Location: Gloucestershire

Registered: 12 Oct 2007

Posts: 6,068

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Post #11
owain wrote:
I'm afraid that 14 day thing is a myth. They have to *file* the ticket internally within 10 working days or whatever it is, but they have six months to send you the notice I believe it is.

Suck it up, take it like a man. If you can't do the time...


Where is everybody getting this 14 day thing from exactly? Unless the law has changed recently then I'm afraid Owain is correct. Ask chris28190, he is suitably qualified to give you some answers or advice.

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Posted 7th Jun 2013 at 20:24
ian7675

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Location: Gloucestershire

Registered: 12 Oct 2007

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Post #12
eliotrw wrote:
Its not a myth,
https://www.gov.uk/speeding-penalties

Read that.

Straight from the horses mouth...
Key quote:
"By law, the vehicle’s registered keeper must be sent a notice of intended prosecution within 14 days of the alleged speeding offence. "



Doesn't say he has to "receive" it in 14 days though.

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Posted 7th Jun 2013 at 20:25
eliotrw

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Location: Southwark

Registered: 18 Jul 2010

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Post #13
ian7675 wrote:
eliotrw wrote:
Its not a myth,
https://www.gov.uk/speeding-penalties

Read that.

Straight from the horses mouth...
Key quote:
"By law, the vehicle’s registered keeper must be sent a notice of intended prosecution within 14 days of the alleged speeding offence. "



Doesn't say he has to "receive" it in 14 days though.

Read again, The letter is dated over a month after the incident.

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Posted 7th Jun 2013 at 20:27
owain

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Location: Essex

Registered: 20 May 2009

Posts: 9,185

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Post #14
Hmm, well I can't disagree with that, but I've certainly seen pages of equal trustworthiness which state that's simply not the case.

If it was that cut and dried, why would they bother sending them out to you after that time?

Don't get me wrong that's great if it's the case, I just fail to believe the Government would make it that easy for a change? I'm well up for being proven wrong though.

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Posted 7th Jun 2013 at 20:28
eliotrw

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Location: Southwark

Registered: 18 Jul 2010

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Post #15
What more do you want,
The site above is as official as it gets. Its says 14 days
Which.co.uk are about as trustworthy as a NON official site gets. It also says 14 days

Trust me.
Other wise, theres nothing to stop them from bothering you two years down the line?

How know you haven't sped 4 times in the last 6 months and the letters aren't on their way now to lead to your eventual banning?
Doesn't that system seem flawed to you?
Hence why this limit exists, Because it actually makes sense

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Posted 7th Jun 2013 at 20:31
owain

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Location: Essex

Registered: 20 May 2009

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Post #16
I can understand for things like speed cameras, but to answer your question - if I'd been stopped by a copper four times in the last six months I'd know, because I would have been stopped by a copper four times in the past six months.

Only other thing I can find is that the 14-day thing doesn't count if they either couldn't contact you because your address on the V5 was wrong, or because the driver wasn't the registered keeper.

If you're the registered keeper and all your details are up-to-date, looks like you're golden.

Still your fault for speeding though.

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Posted 7th Jun 2013 at 20:34
daveyboy

aka Jim Davey

Location: Southampton

Registered: 01 Oct 2007

Posts: 8,648

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Post #17
I had a ticket come through 4 months after an offence, I should've tried to contest it but didn't so no idea how that would've turned out.

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Posted 7th Jun 2013 at 20:34
ajmckeane

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Location: Cambridge

Registered: 07 Jul 2010

Posts: 206

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Post #18
The 14 day rule would apply if they didn't pull you over ie if you got flashed by a gatso camera

The officer informed you of the fact you would be prosecuted hence you've been notified in this wonderful 14 day window.

Suck it up and pay it. Otherwise you'll have a fun time with a very grumpy Judge Smile

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Posted 7th Jun 2013 at 20:35
Rich E Forum Admin

Location: Hertfordshire

Registered: 27 Apr 2005

Posts: 7,757

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Post #19
As the OP was stopped by an officer and spoken to at the time, it's almost certain the NIP would have been served verbally at the time, which is perfectly acceptable and absolutely valid.

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Posted 7th Jun 2013 at 20:36
eliotrw

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Location: Southwark

Registered: 18 Jul 2010

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Post #20
In this case, There is no difference between the copper stoping him and him being caught by a camera because the copper didn't serve him the notice there and then.
All that happened is he caught caught doing it, He still wasn't noticed of the penalty until over a month later and besides, That limit applies to any "Fixed Penalty Notice"

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Posted 7th Jun 2013 at 20:36
owain

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Location: Essex

Registered: 20 May 2009

Posts: 9,185

Status: Offline

Post #21
daveyboy wrote:
I had a ticket come through 4 months after an offence, I should've tried to contest it but didn't so no idea how that would've turned out.


Should've just sent back a letter saying no-one called Jim is known at this address, just Dave. Please cancel this ticket.

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Posted 7th Jun 2013 at 20:36
eliotrw

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Registered: 18 Jul 2010

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Post #22
Rich E wrote:
As the OP was stopped by an officer and spoken to at the time, it's almost certain the NIP would have been served verbally at the time, which is perfectly acceptable and absolutely valid.


IF this happened then you are correct, However, He didn't get one.
So it still stands.

Even if i'm wrong, Which im sure 'm not, He has nothing to lose by contesting it, You have 28 days to respond to a fixed penalty notice, So send it back NOW along with a print out of the direct.gov page and state CLEARLY you will be considering the matter closed unless they write back.

That is perfectly within your rights and the worst that will happen is they will respond back you will still have to pay exactly the same price, You have nothing to lose.

And there is no chance you are going to court for a 43 in a 30.
Summons for a 30 is like 52 mph, Besides it would mention court in the FPN letter

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Posted 7th Jun 2013 at 20:39
Rich E Forum Admin

Location: Hertfordshire

Registered: 27 Apr 2005

Posts: 7,757

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Post #23
eliotrw wrote:
Rich E wrote:
As the OP was stopped by an officer and spoken to at the time, it's almost certain the NIP would have been served verbally at the time, which is perfectly acceptable and absolutely valid.


IF this happened then you are correct, However, He didn't get one.
So it still stands.


How did you work that out from the first post? The OP admits to completely ignoring everything the officer said.

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Posted 7th Jun 2013 at 20:40
eliotrw

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Location: Southwark

Registered: 18 Jul 2010

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Post #24
But he wasn't served anything.
You cant verbaly serve a NIP as far as i'm aware.

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Posted 7th Jun 2013 at 20:41
Rich E Forum Admin

Location: Hertfordshire

Registered: 27 Apr 2005

Posts: 7,757

Status: Offline

Post #25
eliotrw wrote:
But he wasn't served anything.
You cant verbaly serve a NIP as far as i'm aware.

Yes, it can be verbally served.

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Rich
Posted 7th Jun 2013 at 20:42

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