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LGV 48mph on Single Carriageway Road


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I have just received a Notice of Intention to Prosecute from Warwickshire Police.

I was caught by a camera from behind while I was travelling in excess of the 40mph speed limit for my size of vehicle on a single carriageway road. The camera was on the same side of the road as me. I was under the 50mph limit for all road users on that stretch.

It appears that I am banged to rights as this looks like a clear cut case. However, 41 days had elapsed before I received the Notice. I work for a haulage company who provided the Police with my name and address, as they are required to by law.

I also received a set of FAQ's which mention that the registered keeper of the vehicle should be informed of the offence within 14 days.

Can I use the fact that 41 days had passed before I received the Notice, in my defence?

Will I qualify for a Speed Awareness Workshop instead of a fixed penalty?

I have had a clean licence since passing my car test in 1972.

Basically, is there any way I can avoid being given the penalty points?

I have ordered the Fight a Motoring Ticket Kit which, I am sure will answer all of my questions.

Don't let the fatherless chillen get ya! :grin:

 

Barclays - settled in full £4799.38 ;)

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I believe the time limit for a NIP is 6 months.

 

AIUI the Speed Awareness Workshop is not offered by all forces and is usually only offered for offenses in urban road for minor breaches of the 30Mph limit.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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I Allways Thought That The Nip Had To Be Sent With In 14 Days Of The Offence Being Committed

 

Corrected If Wrong Though

 

The first NIP must be served on the registered keeper within 14 days of the offence.

 

Subsequent NIPs that arise from the first, etc, have no such time limitation and can even be sent second-class post - unlike the first.

 

The OP is not the RK and there is no time limit on his NIP.

 

The 6 month time limit is for laying information before a Court for a summons to be issued

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I Allways Thought That The Nip Had To Be Sent With In 14 Days Of The Offence Being Committed

 

Corrected If Wrong Though

You are correct to a point. The law allows a longer time if the RK isn't the driver.

 

In this case the NIP would have been issued to the RK, the haulage company. They would have been asked to inform them who was driving. They would have sent back the paperwork stating the OP was the driver and he has received a NIP of his own.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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  • 1 year later...

I've just come back to the Forum and felt that I should close this thread.

 

I ordered the pack up from CAG and it was excellent. The advice given within was that if I have a clean licence then just pay the fine and take the points which I have done now.

 

I am just waiting for the time limit of 3 and 4 years to expire when I can once again have a clean license.

Don't let the fatherless chillen get ya! :grin:

 

Barclays - settled in full £4799.38 ;)

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