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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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I have recieved a reminder on a speed camera offence but nothing

Resolved Question:

i have recieved a reminder on a speed camera offence but nothing else this offence apparentely happened on the 7/6/15 but i heard nothing about it untill this reminder today 18/6/15 where do i stand
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.
were you speeding?
Customer: replied 2 years ago.

i must have been it says 38mph in a 30 zone

Expert:  Jo C. replied 2 years ago.
Are you the registered keeper?
Do the DVLA have the right address for you?
Customer: replied 2 years ago.

i was the registered keeper then and yes the dvla have my home address

Expert:  Jo C. replied 2 years ago.
Were you stopped at scene?
Customer: replied 2 years ago.

no it was a speed camera

Expert:  Jo C. replied 2 years ago.
If that is correct and accepted then their NIP is out of time. However, they are almost certainly arguing that it was in time and this was just a reminder. If that is accepted then the point falls away.
The rules are contained in S1[1]c] Road Traffic Offenders Act 1988 which you’ll find here
http://www.legislation.gov.uk/ukpga/1988/53/section/1
They must either deliver a NIP verbally at scene or serve it upon the registered keeper within fourteen days of the offence.
Under S1[1A] the notice should actually arrive within 14 days.
However, its important to respond in a particular way. The document you have received is confusing. Although it is one document, it contains both a NIP and a S172 form which are two different legal entities. They may well be time barred on the NIP but that doesn’t mean you can avoid your S172 responsibilities.
If you don’t respond naming the driver on the S172 form they will charge you with failing to identify.
Hope this helps. Please let me know if you need more information.
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