Speeding Fine

[peter534]

I recieved a letter a few weeks ago informing me that my car was recorded doing 63 in a 50 zone.

 

I never replied to this letter.

 

Now i have NIP that has beeen sent giving me seven days in which to provide the details of the driver under section 172 of the Road Traffic Act 1988.

 

Non of these letters have been recorded delivery. Could i say that i have never recieved them and expect the court to believe me. They don't have any evidence to say that i have recieved them!

 

When all said and done i dont speed anyway and dont believe that i was speeding on the day in question. The speed camera was not a permenant one.

 

Any advice is appreciated.

[patdavies]

I recieved a letter a few weeks ago informing me that my car was recorded doing 63 in a 50 zone.

 

Was this just a letter, or was it a NIP?

 

Now i have NIP that has beeen sent giving me seven days in which to provide the details of the driver under section 172 of the Road Traffic Act 1988.

If this is the first NIP, then the law states 28 days to reply. Also, if you are the registered keeper, the NIP must be served within 14 days of the offence.

 

I suspect that the first letter was a NIP and the second is giving you a final chance to name the driver (hence 7 days) before they prosecute for failing to provide

 

Non of these letters have been recorded delivery. Could i say that i have never recieved them and expect the court to believe me. They don't have any evidence to say that i have recieved them!

The law allows delivery by first class post. They do not need to prove that you received them, it would be for you to prove that you did not. A letter sent via first class post is deemed served 2 working days later unless the contrary is proven.

 

It is never a good idea to lie when dealing with Police/Courts and this site would not advise nor condone doing so.

 

When all said and done i dont speed anyway and dont believe that i was speeding on the day in question. The speed camera was not a permenant one.

That is a matter for the Court to decide. You belief doesn't come into; what matters is what can be proven in Court

 

Any advice is appreciated.

Give then the details of the driver. Speeding is £60 + 3 points; failing to provide is upwards of £200 and 6 points.

[TD27]

Fully agree with PD.

[crem]

Strange as it sounds, failing to respond to an NIP letter is a much bigger offence than the speeding accusation.

[patdavies]

Strange as it sounds, failing to respond to an NIP letter is a much bigger offence than the speeding accusation.

It was deliberately changed because some more unscrupulous members of the driving fraternity realised that they could avoid the consequences of being caught for more severe offences by simply taking the (then) small fine and three points.

 

IOW, if you were caught doing well over 100 mph, the least you could expect was a ban. Instead, failing to provide would mean a couple of hundred pounds and 3 points. So the number of mandated penalty points was raised to counter this.

[Suenami]

Ive spoken with a Scottish lawyer today who says that not receiving an NIP is not so cut and dried up there as you need to know precisely when to raise an Objection with the Procurator Fiscal- and to ask to see certification of postage. NIP not being signed supposedly throws case out but who knows i expect each case is viewed on it's own merit and whether you have been seen to be due diligent in gathering information and in cooperating with Police. My son had Police visit last week and were very fervent in wanting to see him quickly-but my son had not had an NIP and this was back in May in Scotland when the offence was supposed to have happened and he lives in UK,so it becomes complex, sticking point is his licence is clean and he is not a wild youngster but someone who has been driving for a number of years,it's the fact of no NIP and Police saying anyone can say they haven't received it,yes but it kinda sticks in your throat as grossly unfair when you have not had NIP.

 

PattersonLaw.co.uk Emma Patterson Solicitor gives free advice she is linked to roadsidelawyer.co.uk you can fill out a message and she will get back to you within 24hrs. Graham Walker is Scottish legal but he's costly although he had a plan for this kind of thing but is the expert for road law. Then there is always Citizens Advice if you can find one who has a Solicitor or Community Law Centre in your area.

Edited September 2, 2009 by Suenami
forgot to put something in

[Suenami]

And are the Fines set at a mandatory fee i am not so sure they are and think it can be linked to what your earnings are too. Graham Walker by the way says if someone is on a low income then Legal Aid is available.

[buzby]

Is the OP in Scotoland? The NIP is only the initial stage, they don;t have to show a certificate of posting, this is meaningless - a certificate of DELIVERY, would be more useful - but is irrelevant these days.