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- Thread starter peddy
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peddy said:Darren M said:Defo not 20%, I got gatsoed once doing 47 in a 40 but I got away with that one in the end
they didn't send you an NIP or you fought it?
I received a NIP, but it became confused and they just dropped it. Driving history was and still is totally clean some five years later
I give ya'll props......even after that very very fast Pistonheads Autumn run on some very very tiny roads (suicidal speeds) I'm still worried about doing 30 in some of these villages/towns/cities. We didn't go terribly fast on B roads, but it was quick. Quicker than I would do on the same road alone or leading someone. In the 30-40 zones we kept it at speed limit though.
The speed limit offence is absolute – if it’s 30 and you go over by 1 mph you commit the offence and so on for other speed limits. It is however recognised that variations in speedometer calibration and indeed accuracy of fitted speedometers may show a variation in actual speed from the speed shown on the speedometer. In general fitted speedometers over-read your actual speed, not by much and this varies from manufacturer to manufacturer. Vehicle construction and use regulations require a vehicle speedometer accuracy to be in the range of -0->+10%. The implications are that it must never under-read - for obvious reasons - but may over-read. As the cost of manufacturing a speedometer with -0% error would be very costly they all over-read by a few percent without exception. Even if speed is measured correctly the display may not be accurate, so a speedometer error is allowed. Because of this, the Association of Chief Police Officers (ACPO) has an official formula for calculating a speeding offence. It allows a leeway of 10% plus 2mph. In reality, most speed traps are triggered at higher speeds than this because if they were set bang-on those guidelines, the sheer amount of paperwork generated would overrun the police speeding departments. The current fit of speed cameras are highly accurate and subject to regular calibration. They can be set by the police area concerned to record at a pre determined speed slightly in excess of the speed limit. The Association of Chief Police Officers (Traffic Committee) advise what these settings should be (as above) BUT they are advisory and local Chief Officers can increase the or decrease the margin of latitude given dependent on the location, traffic flow and use by other road users – for example a speed camera located near to a school entrance may well be calibrated to record/detect for very minor infringements.
A Notice of Intended Prosecution (NIP) needs to be served within 14 days of a speeding offence having been committed on the registered keeper of the vehicle – if the offence has been detected using an automatic detection device (speed camera) then this is normally accompanied by a provisional offer a fixed penalty notice. If you accept the fixed penalty you send of you licence and fine, you licence is returned endorsed accordingly.
As stated above the notice must be posted to allow it to be delivered within 14 days in the normal course of events of the offence having been committed. It is now no longer necessary to post it by registered mail or recorded delivery but by normal post (usually first class). If a postal strike was announced during the period you anticipated service of the NIP and provisional offer then you may have a case for failure to serve. If the notice was posted before the strike was announced then failure would not be proved as the expectation was that it would be delivered within the normal course of event.
Pleading not guilty on the basis of failure to serve in the 14 day time period needs serious consideration and I would suggest independent legal advice. If you plead this in defence and are found guilty then be prepared for costs etc to be awarded against you and magistrates may increase points and financial penalty.
Please read this in the spirit it is meant – as advice and guidance based on professional experience and knowledge. BUT if you decide to plead not guilty based on the circumstances given or a belief in failure to serve then take independent professional advice beforehand.
A Notice of Intended Prosecution (NIP) needs to be served within 14 days of a speeding offence having been committed on the registered keeper of the vehicle – if the offence has been detected using an automatic detection device (speed camera) then this is normally accompanied by a provisional offer a fixed penalty notice. If you accept the fixed penalty you send of you licence and fine, you licence is returned endorsed accordingly.
As stated above the notice must be posted to allow it to be delivered within 14 days in the normal course of events of the offence having been committed. It is now no longer necessary to post it by registered mail or recorded delivery but by normal post (usually first class). If a postal strike was announced during the period you anticipated service of the NIP and provisional offer then you may have a case for failure to serve. If the notice was posted before the strike was announced then failure would not be proved as the expectation was that it would be delivered within the normal course of event.
Pleading not guilty on the basis of failure to serve in the 14 day time period needs serious consideration and I would suggest independent legal advice. If you plead this in defence and are found guilty then be prepared for costs etc to be awarded against you and magistrates may increase points and financial penalty.
Please read this in the spirit it is meant – as advice and guidance based on professional experience and knowledge. BUT if you decide to plead not guilty based on the circumstances given or a belief in failure to serve then take independent professional advice beforehand.
peddy said:Nothing came through in the end.Plus the other day I passed the same camera and noticed it was turned around and facing the wrong direction!
Good news indeed. I was wondering about this the other day - and the other chap from a couple weeks before yours... I think it was, "have I ruined my chances of getting a Z4"... wasn't sure if it was too soon to ask.
Thanks, I do like to get closure on these things
As they don't send by recorded delivery how do they know when you receved it ? and I thought the notice of intended prosicution has to reach you within 21 days mate of mine sent his back without opening it on day 19 with a note on it saying deliverd to wrong address they never sent it back and he herd no moreRX-78 said:
Liverpool
z4phill said:As they don't send by recorded delivery how do they know when you receved it ? and I thought the notice of intended prosicution has to reach you within 21 days mate of mine sent his back without opening it on day 19 with a note on it saying deliverd to wrong address they never sent it back and he herd no more
It's not for the Police/SCP to prove you received it - they just have to prove that they sent it in time for it to be delivered to the registered keeper within 14 days after the offence (i.e. if they send it on day 13 then you've got a good argument, if they send it on day 1 then you haven't).
The 'registered delivery' rule has been overturned lots of times in the courts so anyone trying that line would receive short-shrift from the courts - wrongly in my opinion as you can't have one side following the rules and the other side not.
There is an absolute defence of not receiving it - however it's up to you to prove to the court that you didn't - and even then, if the magistrate doesn't believe you they will do you for the S172 offence instead of the speeding, which has a higher fine and an offence code that will raise your insurance more than an SP code.
If you don't open the envelope - how did he know what was in it - they might have been writing to say they've found his missing lottery ticket
mmm-five said:z4phill said:As they don't send by recorded delivery how do they know when you receved it ? and I thought the notice of intended prosicution has to reach you within 21 days mate of mine sent his back without opening it on day 19 with a note on it saying deliverd to wrong address they never sent it back and he herd no more
It's not for the Police/SCP to prove you received it - they just have to prove that they sent it in time for it to be delivered to the registered keeper within 14 days after the offence (i.e. if they send it on day 13 then you've got a good argument, if they send it on day 1 then you haven't).
The 'registered delivery' rule has been overturned lots of times in the courts so anyone trying that line would receive short-shrift from the courts - wrongly in my opinion as you can't have one side following the rules and the other side not.
There is an absolute defence of not receiving it - however it's up to you to prove to the court that you didn't - and even then, if the magistrate doesn't believe you they will do you for the S172 offence instead of the speeding, which has a higher fine and an offence code that will raise your insurance more than an SP code.
If you don't open the envelope - how did he know what was in it - they might have been writing to say they've found his missing lottery ticket
He alredy had two before so he new what the envolope looked like this was 6 months ago and he has not heard nothing since maybe by sending it back unopened they cant resend it , I dont now just what I have been told by my mate