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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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My Wife has recieved a speeding ticket from a roadworks

Resolved Question:

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
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
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 1 year ago.
Hi Jo,On the 29/08/15 @ 20:51, recorded speed of 66 mph on the roadworks on the A30 near Bodmin
Expert:  Jo C. replied 1 year ago.
Ok.
Is she the registered keeper ?
Customer: replied 1 year ago.
Yes
Expert:  Jo C. replied 1 year ago.
Does this NIP say reminder on it anywhere?
Customer: replied 1 year 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
Expert:  Jo C. replied 1 year ago.
Yes, it can be.
The DVLA do have the correct address for both you and the car?
Customer: replied 1 year ago.
Yes
Expert:  Jo C. replied 1 year ago.
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 1 year ago.
I'll give it a go, thank you so much for your time. Kind Regards
Keith
Expert:  Jo C. replied 1 year ago.
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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