Speeding ticket……

[Johnbmwz4]

So I’ve just come back from holiday and found a speeding ticket through my letter box. It states I was doing 62mph in a 50mph on a smart part of the M62 motorway. I’m not saying I wasn’t doing this speed , I can’t honestly remember as I was on my way to work and the M62 has to be the worst for congestion so I’m surprised I even got to that speed….. When I’ve logged online to check the photos etc there are 2 vehicles in the picture and the quality of the picture is terrible. You can’t even tell what type of car they are never mind seeing the reg numbers. My question is could the other car in the picture be the speeding one and not me? Has any one else been in this situation ?
Thanks in advance for any comments

 

[enuff_zed]

Apologies if this sounds a little rude, but if you have that much doubt then rather than ask a random bunch of car nuts you should contact the issuing authority. My wife had a similar query and whilst eventually she had to accept it was her they were very helpful at clarifying the problem.

 

[Johnbmwz4]

I will indeed be contacting the issuing authority but their only contact is via email so I imagine I won’t hear anything for a few days. Just wondered if anyone else has been in this situation. Sorry to offend you enuf Zed…..

 

[enuff_zed]

I will indeed be contacting the issuing authority but their only contact is via email so I imagine I won’t hear anything for a few days. Just wondered if anyone else has been in this situation. Sorry to offend you enuf Zed…..

You didn't!
I was trying to help! :?
And as I (or my wife) has been in that situation, I thought I'd reply.

 

[Johnbmwz4]

Thanks for the reply and I’m glad I didn’t offend you. There’s a lot of members on here and always get a response in a short amount of time (unlike a lot of other forums) so I’m happy you responded so quickly. I was hoping someone was going to say if there is 2 cars in pic with the cars unrecognizable you will get away with the offense but I’m pretty sure the issuing authorities get this type of questioning all the time.

 

[enuff_zed]

Thanks for the reply and I’m glad I didn’t offend you. There’s a lot of members on here and always get a response in a short amount of time (unlike a lot of other forums) so I’m happy you responded so quickly. I was hoping someone was going to say if there is 2 cars in pic with the cars unrecognizable you will get away with the offense but I’m pretty sure the issuing authorities get this type of questioning all the time.

Good luck. were both cars in the same lane?
Thinking that if one is in an overtaking lane then that in theory should be the faster one.
Of course, even then there's a chance they've received a blurry pic saying they were going even faster than you.

 

[pvr]

Did the nip arrive within the 14 days (not including the date of offence) The postal strikes have been wonderful for delivering these out of time and are then therefor void

 

[Scubaregs]

Did the nip arrive within the 14 days (not including the date of offence) The postal strikes have been wonderful for delivering these out of time and are then therefor void

Not sure that is entirely accurate, I believe they have to issue the NIP within a certain timescale, not that it has to be received by a certain timescale.

 

[Johnbmwz4]

2 cars in 2 lanes and me in the overtaking lane. Offense was on the 11th and letter put through letterbox on 16th, my birthday…….

 

[Pondrew]

Did the nip arrive

"Those women were in the nip!".....Father Dougal McGuire c 1995

 

[Nanu]

Have a look at the website Peppipoo. Won two parking charges following their advice.

Just sign in, post the same question in the speeding section and you will get a definitive answer / advice.

Good luck

 

[pvr]

Did the nip arrive within the 14 days (not including the date of offence) The postal strikes have been wonderful for delivering these out of time and are then therefor void

Not sure that is entirely accurate, I believe they have to issue the NIP within a certain timescale, not that it has to be received by a certain timescale.

No, it has to arrive within the 14 days excluding offence date, that I am 100% certain of. Mr Freeman has today actually complained about that as he suspects 200000 speeders will have been let off because of the strikes as they have missed the required arrival date.

 

[Johnbmwz4]

Have a look at the website Peppipoo. Won two parking charges following their advice.

Just sign in, post the same question in the speeding section and you will get a definitive answer / advice.



Good luck

I’ll certainly give that a try

 

[Scubaregs]

Did the nip arrive within the 14 days (not including the date of offence) The postal strikes have been wonderful for delivering these out of time and are then therefor void

Not sure that is entirely accurate, I believe they have to issue the NIP within a certain timescale, not that it has to be received by a certain timescale.

No, it has to arrive within the 14 days excluding offence date, that I am 100% certain of. Mr Freeman has today actually complained about that as he suspects 200000 speeders will have been let off because of the strikes as they have missed the required arrival date.

"The 14 day rule relates only to the period of time in which the Police/Process Unit must serve the original Notice. The Police do not have to prove that the Notice reached its intended recipient within 14 days, merely that they believe that it arrived, but there may be a defence available if the intended recipient can convince a Court that the notice did not arrive in time or at all. In many cases, the registered keeper will be a lease company not the actual driver, with the result that even if the driver is unaware of the incident, service of the Notice is good if it was sent to arrive at the registered keeper's last known address within 14 days of the offence."

"If you are the registered keeper of the vehicle and the ISSUE date on the Notice of Intended Prosecution is more than 14 days after the offence, then you can reject it."


So you can reject if sent more than 14 days after the offence, but if it is sent in time but arrives after 14 days iit is up to you to convince the court.

 

[pvr]

That part is missing a vital point that it has to arrive within the 14 days under the expected delivery service.

 

[pvr]

The actual law states that it has to arrive within 14 days under the presumption of the service used. A first class postage presumes up to 2 days delivery times in the worst case, so anything posted within the 2 days of the 14 days expiry rule is not valid if it arrives after 14 days. With the postal strikes the presumption of a first class stamp is more than 2 days so it will get thrown out if arriving after day 14 as they should have known that it will not arrive on time.

 

[Rockhopper]

Lots of "could", "may" and "might" in the article, there is nothing definitive.

 

[Nanu]

The NIP, unless given verbally at the scene or not required because the offence is as the result of a road traffic accident, must be RECEIVED within 14 days by the registered keeper of the vehicle.

If you don't receive it within that time period or it is not in the correct format then it is not lawful.

 

[Scubaregs]

"MAY" be halted.

 

[enuff_zed]

But to go back to the OPs case, he arrived home to find it there. No proof if it arrived in time or not and he was away on holiday.
So all the supposition about delivery times is something of a moot point in this case surely?