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  1. #1
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    Speeding ticket (NIP)

    I was 'caught' speeding recently.........via a fixed speed camera (Gatso type)
    The heinous crime took place on a Monday (important)
    A Notice of Intended Prosecution must be served on the registered keeper (in this case, by post) within 14 days.

    Road Traffic Offenders Act 1988 s1(1)(c) & (c)(ii) & (1A)(A)(c)

    (c)within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was—
    (i)in the case of an offence under section 28 or 29 of the Road Traffic Act 1988 (cycling offences), served on him,
    (ii)in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.

    [(1A)A notice required by this section to be served on any person may be served on that person—
    (a)by delivering it to him;
    (b)by addressing it to him and leaving it at his last known address; or
    (c)by sending it by registered post, recorded delivery service or first class post addressed to him at his last known address.]

    Note s(1)(1)(c) states 14 days (ie calendar days)

    As the ‘offence’ (35mph in a 30mph area) took place on a Monday, the 14 days were also up on a Monday.
    The Notice of Intended Prosecution (NIP) was dated on the preceding Friday*.

    The Criminal Procedure Rules
    PART 4 SERVICE OF DOCUMENTS

    (b) in the case of a document sent by first class post or by the equivalent of first class post, on the second business day after the day on which it was posted or despatched

    With reference to:
    The Criminal Procedure Rules
    PART 2 UNDERSTANDING AND APPLYING THE RULES

    ‘business day’ means any day except Saturday, Sunday, Christmas Day, Boxing Day, Good Friday, Easter Monday or a bank holiday;

    So the Nip was time-barred.
    (Even if posted on the Friday, part days don't count, so the earliest it could have been delivered was the Tuesday).

    Case dropped!

    This may come in useful to folks.

    *Always keep the envelope if possible; just because a letter is dated on a certain day, doesn’t necessarily mean it was posted on that day.

    & don't forget to complete, sign & return the driver's details Notice; failure to furnish is a separate offence.
    Last edited by charitynjw; 18-06-2016 at 10:13 AM.

  2. #2
    Super Moderator BillK's Avatar
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    Excellent adventure, Chas - thank you for sharing it here, and well done for expediting and documenting it for us.

    I guess the ticket-issuing offices can be a bit lax with this, but probably don't get many peeps who realise that a NIP can be time-barred when the letter of the law is checked out and followed. Indeed, keeping the envelope can be important in this respect - however, I have noticed that bulk pre-paid envelopes such as the "UK Mail" ones sold by the Royal Mail are undated and are delivered unfranked, although they do still seem to have a barcode stamped on them. The in-house and/or online postage stamping methods seem to show the date of payment of the postage - as opposed to the actual date of collection by Royal Mail - so this may need looking into. It would seem to me that such a date stamp can be taken to prove that the letter was posted on or after that date - but it is still possible that the letter may have actually been posted some time afterwards.

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    Quote Originally Posted by BillK View Post
    Excellent adventure, Chas - thank you for sharing it here, and well done for expediting and documenting it for us.

    I guess the ticket-issuing offices can be a bit lax with this, but probably don't get many peeps who realise that a NIP can be time-barred when the letter of the law is checked out and followed. Indeed, keeping the envelope can be important in this respect - however, I have noticed that bulk pre-paid envelopes such as the "UK Mail" ones sold by the Royal Mail are undated and are delivered unfranked, although they do still seem to have a barcode stamped on them. The in-house and/or online postage stamping methods seem to show the date of payment of the postage - as opposed to the actual date of collection by Royal Mail - so this may need looking into. It would seem to me that such a date stamp can be taken to prove that the letter was posted on or after that date - but it is still possible that the letter may have actually been posted some time afterwards.
    Lol, Bill

    They (whoever they are), say that great minds think alike!

    But so, it would appear, do ours!!

    My local sorting office has kindly offered to scan any barcoded envelopes for me.

    & you can purchase your very own scanner on ebay/amazon for a modest sum.

    The truth is out there, mate!

  4. #4
    Super Moderator BillK's Avatar
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    Hah ! Perhaps we're the exception that proves the rule then, Chas.

    Well done for getting the sorting office to volunteer to scan the barcodes - I guess that as long as they're not inundated with such requests, it's a welcome break from the routine of chucking letters into bins. I always tend to assume that these barcode readers are highly specialised and very expensive - but of course I live in the past mostly these days (for tax purposes, you understand) and this kind of thing is quite likely to be available as an app. for yer average i-Phone or Android device.

    Are you yet able to tell us what info is contained in those barcodes, guv'nor ?

  5. #5
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    Quote Originally Posted by BillK View Post
    Hah ! Perhaps we're the exception that proves the rule then, Chas.

    Well done for getting the sorting office to volunteer to scan the barcodes - I guess that as long as they're not inundated with such requests, it's a welcome break from the routine of chucking letters into bins. I always tend to assume that these barcode readers are highly specialised and very expensive
    About 30 quid or so for a decent one
    - but of course I live in the past mostly these days (for tax purposes, you understand) and this kind of thing is quite likely to be available as an app. for yer average i-Phone or Android device.

    Are you yet able to tell us what info is contained in those barcodes, guv'nor ?
    Hi Bill

    I didn't need to check the barcode as the 'polis' capitulated before it became necessary to do so.

    However, I will bear it it mind if, in the future, I need to challenge a time-sensitive document......not that the 'powers-that-be' (& not just the bobbies) would tell 'porkies' about the date of posting...............

    ..............would they?

  6. #6
    Super Moderator BillK's Avatar
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    They're a fairly obliging lot up here, and the 'posties' (mostly) aren't 'jobsworth's' as yet - so I might pop in to the sorting office with a barcoded envelope - and a 'cover story' - to see what's what in that respect.

    Indeed no - telling 'porkies' is deffo not what one would expect from our overseers, is it ? However, in the current climate of austerity - economies with the truth are to be expected, along with the inevitable innocent 'errors.'

 

 

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