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Speeding Fine

Discussion in 'Southampton' started by ihatemyselfandwanttodie, Jun 21, 2012.

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  1. ihatemyselfandwanttodie

    ihatemyselfandwanttodie Well-Known Member

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    Off topic - I know...

    Just looking for some help.

    Is there such a thing as a standard template to contest a Notice of Intended Prosecution?

    My alleged offense was 02.05.12 and they did not write the NIP until 30.05.12.

    I was under the impression they had to notify you within 14 days - so I wanted to understand how I go about challenging it as they took too long to issue...


    Any suggestion or standard templates to use?


    Thanks for looking!
     
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  2. pass the football

    pass the football Well-Known Member

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  3. lamby

    lamby Needs a cold shower

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    There is an NIP time limit that applies of 14 days from the offence. However, how this is calculated will depend on how the notice is given. It can be:
    1.given verbally at the time of the offence (i.e. you are stopped by the police and they inform you they are considering prosecuting), or
    2.by a formal notice of intended prosecution within 14 days of the offence at the last known address, served on the offender or the registered keeper of the vehicle, or
    3.by a summons being served on the offender within 14 days of commission of the offence.
    Failure to give proper notice of intended prosecution is a Defence unless an exception applies (see below). You should always keep the envelope the NIP came in as proof of when it was posted.
    What if I have not heard anything within 14 days?
    The obligation on the prosecution is to show they served the Notice of Intended Prosecution 14 days or less from the offence. The day of the offence is not counted in the calculation. They do not have to show you actually received it, so the general rule that post is deemed to be served 2 days after posting applies. If you move house or buy a vehicle and do not register the change of details with the DVLA then the notice will go to the wrong address. As it was due to your default it does not invalidate the notice. Also, if you were driving a company or hire car the notice is sent to the company or hire company. It can be weeks, if not months, before you find out about it but again this does not invalidate the notice.

    Hope this helps!
     
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  4. ihatemyselfandwanttodie

    ihatemyselfandwanttodie Well-Known Member

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    Thanks for the advice guys!

    Do you know if I write to the prosecuting body (in this case Thames Valley Police) stating they did not notify me in time, fill out the NIP or go to court - I just have no idea having never been prosecuted before!
     
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  5. tomw24

    tomw24 Well-Known Member
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    Naughty naughty! ;) I got caught speeding last August and I attended a driver awareness course - didn't get any points that way. More expensive than the fine however.
     
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  6. SAINTDON13

    SAINTDON13 Well-Known Member

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    In response to your headline, no it isn't, don't do it.
     
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  7. fran-MLs little camera

    fran-MLs little camera Well-Known Member

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    I live on the Island and am not the fastest driver in the world...I would have a speeding ticket framed.
     
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  8. ihatemyselfandwanttodie

    ihatemyselfandwanttodie Well-Known Member

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    Who made you King for the day...
     
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  9. LocutusOfBorg

    LocutusOfBorg Member

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    I got done for speeding a few years ago. I just thought '**** it', paid the fine and took the points. The 'intended notice of prosecution' arrived on the 14th day...
     
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  10. SAINTDON13

    SAINTDON13 Well-Known Member

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    I guess, it may not have been you?
     
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  11. SAINTDON13

    SAINTDON13 Well-Known Member

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    I expect that it is a bit clogged over there at moment, the Festival is causing chaos and mayhem, not necessarily in that order.
     
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  12. fran-MLs little camera

    fran-MLs little camera Well-Known Member

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    Ferries stopped for a while because congestion meant they couldn't disembark at Fishbourne due to mud at site preventing cars parking. One bus driver reported a 5 hr return journey from Newport to Ryde which should have taken 45 min. Feel terribly sorry for people attending festival. Still it's the longest day today...all downhill from here!
     
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  13. SAINTDON13

    SAINTDON13 Well-Known Member

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    Speeding is irresponsible and could kill, if that victim is a Saints supporter that is totally unacceptable.
     
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  14. fran-MLs little camera

    fran-MLs little camera Well-Known Member

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    On the other hand it could be a....supporter of another neighbouring club<whistle>
     
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  15. ihatemyselfandwanttodie

    ihatemyselfandwanttodie Well-Known Member

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    And how do you know I am not contesting it as I believe it to be inaccurate - particularly as I set my cruise control to 70mph...

    So, maybe learn not to be so judgemental, or are you just looking for an arguement.

    On the other hand, I also take it you have never once exceeded the speed limit...


    mmmm.
     
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  16. Channonfodder

    Channonfodder Rebel without a clue.....

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    On cruise control at 70mph?

    If you were in Brittania Rd, I would just pay it........<laugh>
     
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  17. ihatemyselfandwanttodie

    ihatemyselfandwanttodie Well-Known Member

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    No, nothing outrageous...on the A34...
     
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  18. fran-MLs little camera

    fran-MLs little camera Well-Known Member

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    As I said I am not a fast driver, but sometimes on the mainland I have found myself over the speed limit because there are sudden changes to the limit and slamming your brakes on is not an option. I think those signs that show your speed are useful and effective in slowing traffic....they actually work but do not generate money of course.
     
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  19. ----HistoryRepeating----

    ----HistoryRepeating---- Well-Known Member

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    There was a book written by an ex police traffic worker a while back called the 'drivers survival handbook' I think. That was quite interesting, you can ask for calibration tests of the camera's & things like that. Seemed a little bit too much on the side of the boy racer for my liking, but Billy sounds ligit........
     
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  20. fran-MLs little camera

    fran-MLs little camera Well-Known Member

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    There's nothing wrong with questioning something if you think it's wrong.
     
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