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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70814
Experience:  Over 5 years in practice
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My Wife has recieved a speeding ticket from a roadworks

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Hi
My Wife has recieved a speeding ticket from a roadworks unmaned camera dated 29/08/15 but only came in the post on 30/10/15.
As much as we know she was in the area we thought that tickets should be issued with in a set time?
Regards
Keith Newman
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this. What was the alleged speed she was driving at?
Customer: replied 2 years ago.
Hi Jo,On the 29/08/15 @ 20:51, recorded speed of 66 mph on the roadworks on the A30 near Bodmin
Ok.
Is she the registered keeper ?
Customer: replied 2 years ago.
Yes
Does this NIP say reminder on it anywhere?
Customer: replied 2 years ago.
No it is the first letter received, that's why I thought it to be unusual to be sent two months after the offence
Yes, it can be.
The DVLA do have the correct address for both you and the car?
Customer: replied 2 years ago.
Yes
Good news then. They are time barred.The rules are contained in S1[1]c] Road Traffic Offenders Act 1988 which you’ll find herehttp://www.legislation.gov.uk/ukpga/1988/53/section/1They 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. Probably they are hoping you will do exactly that so that they can prosecute you for something.If you do fill out the forms naming the driver then its likely you would hear no more about it. If they do seek to prosecute you then you can rely on the fact that the NIP was out of time.Hope this helps. Please let me know if you need more information.
Customer: replied 2 years ago.
I'll give it a go, thank you so much for your time. Kind Regards
Keith
No problem and all the best. Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
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