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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69772
Experience:  Over 5 years in practice
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Sirs,I receive a NIP dated 25.06.14 on

Resolved Question:

Sirs, I receive a NIP dated 25.06.14 on 30.06.14 for an alledged speeding offence committed on 21.05.14.....I wrote to Staffordshire Safer Roads Partnership on 26.06.04 pointing out that the notice was issued outside the requisite time.....They promptly wrote back claiming that they had notified the "registered keeper" within the timescale allowed. I had aquired the vehicle on the 06.05.14 from a trade dealer....In their letter the SSRP stated that they had been advised (presumedly by the previous owner) that I was the driver....he could not have known this. The SSRP claim that the NIP was issued on 21.05.14....the day of the offence which they state was at 20:41....is that likely ? I have a clean driving liceence and the speed recorded was 38 MPH. Is it worth while pursueing this matter or should I just go on a speed awareness course ? Yours, John XXXXXXX.

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any reason why you think it might be likely please?
Customer: replied 2 years ago.

Hello Jo,

The alledged offence occured at 20:41 hrs. The notice would have had to have been issued during the following 3 hrs 19 mins. Possible I suppose if the system is totaly automated including download of camera info ?

John.

Expert:  Jo C. replied 2 years ago.
So were you driving but just at another time?
Customer: replied 2 years ago.

Hello Jo,

I was driving and recall the camera flash....my point is that the authorities did not comply with the notification requirements....the first I knew of thier intention to prosecute was in thier NIP which arrived with me over 4 weeks after the offence....I don't think that they issued the notice to the previous keeper when they claim ie. within 4 hrs of the alleged offence....the speed camera is a Gatso type which, as I understand it, requires manual downloading of film, manual scrutiny of the imagery, keeper check with the DVLA and dispatch of the notice...not in 4 hrs in the late evening I'm sure.

The issue here is not whether an offence was committed but was due proceedure adhered to.

John.

Expert:  Jo C. replied 2 years ago.
Thanks.
That is all I need to know.
I am sorry but you are barking up the wrong tree I'm afraid.
Their only obligation is to issue a NIP to the registered keeper at the time within 14 days of the alleged incident. They did so. When it reaches the actual driver is a non issue.
Even if it wasn't on the actual day of the offence its very unlikely that it was not within 14 days.
Unless the keeper at that time is going to come to court and produce the post marked envelope proving that it was outside of the 14 day time period there is no realistic chance of avoiding a prosecution on this basis.
I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.
Hope this helps. Please let me know if you need more information.
Jo C., Barrister
Category: Law
Satisfied Customers: 69772
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hello Jo,

That's fair enough.....I'm sure you are right....I did commit the offence...just hoped I could keep my clean licence on a "technicality".

Suppose I can by going on the speed awareness course....I believe they're quite good.

Thank you,

John.

Expert:  Jo C. replied 2 years ago.
Well, you can always run these things. Sometimes people do escape.
Its just a case of being aware of the risks you are running. If you can get a post marked envelope proving that the NIP was issued late then it would be a good decision to go to court. If not then you still can but you face the risk of costs.
Customer: replied 2 years ago.

Hello Jo,

I've already rated your service....somewhat concerned that I will incure further costs if I rate again...the site isn't at all clear on this....I have paid £47.00....OK with that but NO MORE.

John.

Expert:  Jo C. replied 2 years ago.
Thanks.
There is no need to do anything else. I'm not sure what you are seeing at your end because I never use the site from your side but there's no need to rate again.
If you don't want to go on subscription you can email customer services at***@******.***
Customer: replied 2 years ago.

Hello Jo,

Further to your reply advising me that I need to do nothing else I have received at least 5 e-mails asking me to rate your service....I suspect that somewhere, somehow this is away to get more money !

Perhaps be a good idea for you to look into it from the clients point of view.

John.

Expert:  Jo C. replied 2 years ago.
You need to email customer services about this as they will resolve it for you.

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