How many weeks until receiving a speeding ticket?

[dunova]

My brothers just got a speeding ticket for doing 'in excess of 70mph' on the 23rd of November. I thought they were only allowed to fine you for the 2 weeks after the alleged speeding took place? The letter is dated the 20th of December, so that's 3 weeks and 6 days ago :? Is it 1 month they've got to fine you?

Also, they didn't say what actual speed he was doing, just 'in excess of 70mph' which seems odd to me :|

Any thoughts or facts on this?

[Will F]

I thought it was 14 days maximum.

Is it 3 points and a fine then? Or a court summonds?

[Stuart]

most dont tell you what your in for in the first instance lol

i was aware it had to be issued within 14 days too

[wisewood]

http://www.speed-trap.co.uk/Accused_Home/Rules_useage/The_Law.htm

scroll down a bit and you'll find the NIP - Notice of intended prosecution.

The NIP must be issued within 14 days, unless he was stopped by the copper at the time, in which case that would be classed as a verbal notice and the time before the paper version is issued doesnt really matter.

[dunova]

I thought it was 14 days aswell! It's not a court summons, it's 'a fixed penalty of ?60 and the endorsement of 3 penalty points on your license'. But it's for speeding on the 23rd November at 9:32am and this letter arrived this morning dated 20th December-so can they not do franky feck all then?! It was in Wales, but they've got the same traffic laws as England haven't they?

Should he just write to them and state that this letter wasn't received within 14 days then? Fecking speeding fines :roll:

*Edit* He didn't get a verbal as he was on the motorway (unless they just shouted "your speeding" as he drove past :lol: )

[wisewood]

Write a letter back stating that his Notice of Intended Prosecution was not sent to him within the 14 days allowed... and fill it out with some extra blerrb from that link i gave. Should get away with it i would have thought.

If it does go to court, you're sorted as long as the law hasnt been changed lol.

[dunova]

Cool, cheers for the link :wink:

Seems as though the bacon have cocked things up, as usual lol

[wisewood]

my boss just asked the very same question, so i was able to immediately answer the question and provide a link :lol:

[Jack]

You may find they'll take you to court as you're contesting it

[wisewood]

but if they want to take it to court it'll have to go through CPS and they should spot the fact that there is no case to answer due to lazy police not doing their paperwork.

[dunova]

They haven't really got a leg to stand on though because by trying to fine my brother after the 2 week period has passed, they are (in a way) 'breaking' the law aswell. And we all know that 2 wrongs make a right lol

[Jack]

Isn't there some get out clause where if they send it to the wrong address or wrong keeper or whatever within the 14 days then they have as long as they like to send it to you?

For example... if you get nicked driving a car you've bought the previous day, and the original owner gets the NIP as DVLA haven't updated their records in time... the police send him the NIP within 14 days, he sends it back to them saying sorry not my car any more, they then have to send it to you but there's no time limit on that - or at least an extended time limit?

Or am I talking complete monkey nuts? :lol:

[Nick]

technically, the NIP becomes a witness statement for use in the prosecution .

but to fill out a legit witness statement you have to be read your rights. So technically the NIP isn't a legal way of doing things.

You can fill out the NIP, saying you were driving the car. Then add a note saying that you do not authorize it to be used as witness statement against yourself in-court due to not being read your rights.

ignore the fine, go to court. Then they can't actually enforce the fine/points because they have nothing to say that you were driving the car.

But yes, it has to come within 14 days (may as well give them 14 working days / postal days at best) also it has to come by first class post.

I'd go to a free civil lawyer and make sure it's ok. You should have the right to just ignore it completly.

[Riggy]

lol and no-one has said that his brother shouldnt have been speeding lol


:lol: :lol: :lol:

[clowo16v]

When the speed cameras first started they letter had to be with you within 14 days. If it didn't get to you you've got away.

This has now changed and they have 14 days to issue the ticket, i.e 14 days to send the letter out from the event happening.

Either way, your brother should thank his lucky stars he should get off scott free.

See ya

Matt

[dunova]

Thanks for the advice people, i'll pass it on to him :wink:

Jack, i see your point, although he has owned the car for the past 2 1/2 years lol so i think that's unlikely!

Riggy, i know 'speeding's bad m'kay' but i know how my brother drives and he sits pretty steady between 70-80 on the motorway, v.rarely anymore than that and he generally drives quite 'serenely' lol But yes, i'm also suprised that comment hasn't creped in yet, like it does in numerous other posts :lol: