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what is the points/ban/fee, for driving 55 in a 50zone? Within 2 months of a previous offense of 3 points, and £100?


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5 hours ago, dx100uk said:

I believe the festive period adds atleast one day poss 2 to time limits

No it doesn't. The law (Road Traffic Offenders' Act, s1) says that unless the driver was warned at the time of the offence, a Notice of Intended Prosecution must be served on either the Registered Keeper, or the driver, within 14 days of the offence (with the date of the offence being day zero). There are no allowances for weekends, public holidays, postal strikes or anything else.

 

The police enjoy the "presumption of service". A notice is presumed served provided it can be shown that it was posted so as to arrive in time "in the normal course of post". This is normally taken as two working days though will be longer when there are holidays. This means that to take advantage of that presumption the police must ensure the notice is posted earlier. 

 

If the notice does arrive late and the police can prove that it was posted so as to arrive in time, the burden shifts to the defendant to prove that it was delivered late. Proving a negative is notoriously difficult.

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1 hour ago, Man in the middle said:

Proving a negative is notoriously difficult.

 

a correct understatement if there ever was one..

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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33 minutes ago, dx100uk said:

 

a correct understatement if there ever was one..

 

dx

Indeed, but unfortunately that's the way it is. There is the interesting case of Gidden vs Chief Constable of Humberside which explores a number of issues surrounding this aspect of the law. It is quite an involved case. Mr Gidden was initially convicted in the Magistrates' Court and had an appeal to the Crown Court turned down. He took the matter to the High Court as a "case stated" and that court found in his favour. 

 

Mr Gidden had a NIP delivered on day 16 following being flashed by a camera. The delay in receipt was due to a postal strike.  He had sound evidence that the NIP was delivered late (from his postman). The prosecution initially challenged his contention that the NIP was delivered late and the Magistrates refused to hear the postman's evidence. But at the Crown Court the prosecution eventually conceded the late service. None of this is mentioned in the High Court judgement. Their decision was largely around whether the postal strike provided the police with a reason in law for the late NIP to comply with the RTOA and they further went on to determine whether the "presumption of service" was a rebuttable presumption or not. If you've got a spare 20 minutes, here's the High Court judgement:

 

 

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