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Author Subject: Speeding... Fixed Penalty Notice
thugpuggin

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Location: Bristol

Registered: 10 Apr 2004

Posts: 26,784

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Post #26
+1
-1

Keeps everybody happy.

Oh no new page terror.

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Posted 7th Jun 2013 at 20:43
ian7675

Techno Viking

Location: Gloucestershire

Registered: 12 Oct 2007

Posts: 6,068

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Post #27
I can see it fine.

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Posted 7th Jun 2013 at 20:44
Chris28190

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Registered: 15 Apr 2012

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Post #28
Simple thing, cough up and stop speeding.

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Posted 7th Jun 2013 at 20:45
eliotrw

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Location: Southwark

Registered: 18 Jul 2010

Posts: 4,864

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Post #29
Rich E wrote:
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.


JUst google and found that,

Although, I'm yet to find that it would even make a difference,
Besides it should say in the letter he received that it is in response to that.

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Posted 7th Jun 2013 at 20:46
thugpuggin

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Location: Bristol

Registered: 10 Apr 2004

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Post #30
Chris28190 wrote:
Simple thing, cough up and stop getting caught.


EFA...

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Posted 7th Jun 2013 at 20:46
Rich E Forum Admin

Location: Hertfordshire

Registered: 27 Apr 2005

Posts: 7,757

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Post #31
eliotrw wrote:
Rich E wrote:
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.


JUst google and found that,

Although, I'm yet to find that it would even make a difference,
Besides it should say in the letter he received that it is in response to that.


BIB - can you clarify what you mean by that?

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Rich
Posted 7th Jun 2013 at 20:48
eliotrw

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Location: Southwark

Registered: 18 Jul 2010

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Post #32
I'm looking for something which says that ive you are served a NIP they don't have to send you a FPN within 14days
Cant find anything to that effect
Although that 14 days limit applies to all FPN's im sure,
So it shouldn't make a difference

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Ex- Phase 3 China GTi-6 T-Reg
Posted 7th Jun 2013 at 20:50
Rich E Forum Admin

Location: Hertfordshire

Registered: 27 Apr 2005

Posts: 7,757

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Post #33
No - the 14 day period is for serving the original NIP, not the FPN or any subsequent NIPs.

________________________________________

Rich
Posted 7th Jun 2013 at 20:51
ajmckeane

Regular

Location: Cambridge

Registered: 07 Jul 2010

Posts: 206

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Post #34
I am reporting you for the consideration of the prosecution for the offence of speeding

That is all is needed to be said in regards an NIP. Don't need to hand you anything. In relation to speeding you get 10% + 2 before you get caught. 43 in a 30 is nearly 50% over. Easily high enough for a court appearance

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Posted 7th Jun 2013 at 20:52
ajmckeane

Regular

Location: Cambridge

Registered: 07 Jul 2010

Posts: 206

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Post #35
Rich E wrote:
No - the 14 day period is for serving the NIP not the FPN.


Exactly right

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Posted 7th Jun 2013 at 20:53
thugpuggin

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Location: Bristol

Registered: 10 Apr 2004

Posts: 26,784

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Post #36

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Black X Reg PIII.VGTi 6 A4212 pt 1 A4212 pt 2 Searching the streets of Bristol for 1.36p/day.

Joint Kent Leader

Posted 7th Jun 2013 at 20:53
owain

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Location: Essex

Registered: 20 May 2009

Posts: 9,185

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Post #37
MotorLawyers wrote:
I was stopped by the side of the road and was told that I was going to be prosecuted but I never received a NIP, just a Summons, is this right?

If you are stopped by the Police, there is no obligation to issue a Notice of Intended Prosecution if you have been spoken to and cautioned for the offence. In this regard, if the Police Officer says something as basic as "you are nicked" or "you can argue that in Court", that will be regarded as adequate notice. The Police will be entitled to issue a Summons immediately as they have already established your identity.


From here.

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Posted 7th Jun 2013 at 20:57
ian7675

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Post #38
/thread

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Posted 7th Jun 2013 at 20:58
eliotrw

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Post #39
SO basically it all comes down to what ash says they said, Although with him not remembering its not likely.

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Posted 7th Jun 2013 at 20:59
Rich E Forum Admin

Location: Hertfordshire

Registered: 27 Apr 2005

Posts: 7,757

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Post #40
Well, a curious point on the verbal NIP is that the prosecution would need to show in court that the NIP had been understood, which is why most forces would also send the written NIP, despite it not being required.

However, in this case, as there would be 2 officers in court giving evidence I think it's safe to say the OP would get shafted.

Better to just accept the fixed penalty, no?

(Definitely buggered if he signed anything at the scene.)

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Rich
Posted 7th Jun 2013 at 21:07
eliotrw

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Post #41
Agreed.
I think the fact that he cant really remember the talk means its not worth pursuing the other option

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Posted 7th Jun 2013 at 21:46
Chris28190

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Registered: 15 Apr 2012

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Post #42
What's efa? Feeling a little slow tonight LOL

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Posted 7th Jun 2013 at 22:06
buzzbrightyear

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Location: hiding all receipts for car

Registered: 09 Jul 2008

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Post #43
eliotrw wrote:
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

Not received but it must be issued in a certain time, I'm not sure If that counts if they pull you over though.

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andrew315rawson@live.co.uk
Moonstone phase 7 gti6
My Project thread: http://www.306gti6.com/forum/showthread.php?id=119992&page=1
Posted 7th Jun 2013 at 22:12
buzzbrightyear

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Location: hiding all receipts for car

Registered: 09 Jul 2008

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Post #44
Rich E wrote:
Well, a curious point on the verbal NIP is that the prosecution would need to show in court that the NIP had been understood, which is why most forces would also send the written NIP, despite it not being required.

However, in this case, as there would be 2 officers in court giving evidence I think it's safe to say the OP would get shafted.

Better to just accept the fixed penalty, no?

(Definitely buggered if he signed anything at the scene.)

When I was caught, they clearly asked me a few times if I understood that, I wish I'd said no, and no and no and then asked for that real thick book that we have the right to read, and taken all day to read it in the back of the car.....
but when your in the back of a police car guilty as sin you just want to get the hell out of it an get away from them!

________________________________________

andrew315rawson@live.co.uk
Moonstone phase 7 gti6
My Project thread: http://www.306gti6.com/forum/showthread.php?id=119992&page=1
Posted 7th Jun 2013 at 22:23
jsoulman

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Location: Bristol

Registered: 19 Apr 2006

Posts: 13,662

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Post #45
Just fake your own death and not pay it. its what I do when I have to get out of something.
Posted 7th Jun 2013 at 23:47
stan_306gti6 Forum Admin

Location: Kent

Registered: 18 Jan 2004

Posts: 21,768

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Post #46
Chris28190 wrote:
What's efa? Feeling a little slow tonight LOL


Edited For Accuracy.

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Posted 7th Jun 2013 at 23:50
beez_neez_gt

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Location: @ de limit of adhesion !

Registered: 14 Oct 2008

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Post #47
Doesnt look edited to me Stan, so why say its edited?

Just say the sign was too small or incorrectky marked after u used some permanent marker, easy get let off as long as no cameras are around (joke)

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Posted 8th Jun 2013 at 00:30
pebbles167

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Location: Melksham. Wiltshire.

Registered: 08 Dec 2009

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Post #48
jsoulman wrote:
Just fake your own death and not pay it. its what I do when I have to get out of something.


+10

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Posted 8th Jun 2013 at 00:39
ash j

Regular

Location: Fareham

Registered: 02 Mar 2011

Posts: 415

Status: Offline

Post #49
Cheers for all the responses guys.

I just found this on a website.....

'If you were not stopped and warned by the Police at the time of the offence, a Notice of Intended Prosecution (NIP) must be served on the registered keeper of the vehicle within 14 days of the incident. Court proceedings must be started within 6 months of the incident.'

I think on that basis, regardless of what everybody has said, I have no option but to just pay it since he warned me at the side of the road.

I just wanted to know where I stood and whether there were any laws I could exercise, but as is so often the case, there isn't! At the end of the day if I had of been paying attention and wasn't speeding then I wouldn't even be in this situation. So ultimately, this is the price I have to pay!

Cheers guys
Posted 8th Jun 2013 at 01:07
oecken

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Location: Mt Cook, New Zealand

Registered: 17 Feb 2009

Posts: 4,751

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Post #50
Also..... the links simply state that it must be sent within 14 days, not actually received? i.e if the give it to the royal mail, and they take months sending it around the country etc... then they have still sent it, was similar with legal documents etc we used to send out from the bank, we still get blamed but have actually fulfilled our obligation, and would give a copy of our mail room copy with date stamps stating when it was sent Shut up Whistle

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Sad Ex-Black 6 Ninja - Speed has never killed anyone, suddenly becoming stationary... That's what gets you.
Posted 8th Jun 2013 at 02:23

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