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Speed trap advice

bluearmy87

New member
Hello everyone, I'm looking to pick your brains again! Now I am not looking for sympathy because I have exceeded a 30mph speed limit (38mph to be precise) and to make it worse I was driving a bl**dy Audi diesel car at the time through an industrial estate [:mad:]

Now my questions are: Is it correct that if the notice of intent to prosecute is not issued within 14 days of the offence (give or take a couple of days for the delay in the post) then it is no longer valid? Mine arrived today for an offence commited on 12th July so well past 14 days.

Also I remember reading somewhere that I am entitled to request a certificate of calibration for the gun and some form of evidence that the officer using has been fully trained.

If anyone out there can advise or direct me to a website so that I can challenge this ridiculous endorsement I would very much appreciate it [:(]
 
Good Advice so far

Everything I have read suggests

Section 1(1) Road Traffic Offenders Act 1988 requires that Notices of Intended Prosecution must be served within 14 days if a prosecution is to be successful. However, s2(3) of that Act provides an escape clause for the police. It says:

"failure to comply with the requirement of s1(1) of this act is not a bar to the conviction of the accused in case where the court is satisfied:-

(a) that neither the name and address of the accused nor the name and address of the registered keeper could with reasonable diligence have been ascertained in time for the notice to be served in compliance with s1(1)"

I am no Lawyer ... My NIP came in 7 days however 36mph in 30 zone got me a Thames Valley Retraining session .... So take legal advice ....
 
Was the audi a company car or fleet car...... if so did the leasing company receive the NIP within 14 days... if so then you maybe stuffed...

Charlie
 
Hi

If it is a company car, the 14 day rule does not apply to the NIP sent to you

I would always ask to see the evidence - they will send you a copy of the photo, and mistakes have been made in the past with regard to registrations etc, so it is always worth a look

Pete
 
Bluearmy, very sorry to see your'e nicked but, much as we all hate this nampy pampy attitude towards driving today and speaking as a 9 points on my licence as of a couple of years ago person, do you not think 38 mph is a fair cop in an industrial estate? If the Audi speedo is the same as every other Audi speedo, including the diesel i'm driving at the moment, it will be at lest 3 to 4 mph out so you were showing maybe 42mph.

Perhaps there is a copper with a gun because the people who work there are complaining about speeders when they are wondering around the estate at lunch trying to get their lunch. Sometimes you just have to swallow the loss.

After being nicked for 34mph which p****d me off I bought a road angel. It saved me a lot at first but now I don't take it out much as I seem to have clicked where, although I don't agree with the speed limit, I can sense that the money grabbing sods may well think differently on that road. The ridiculous endorsement I agree - re-training is far better idea.
 
pete

Can you explain why the 14 day rule doesn't apply if it is a company car? The nip came directly to me bearing my name and address and is dated 1st August.

I will however ask for the evidence as you so rightly say mistakes have been made by our wonderful constabulary!
 
It's because it may be 'unreasonable' to expect a company to furnish details of who was driving within 14 days.
 
Again no expert :D

Is not "anything you say............." Part of the speech which is a formal statement that you have just received a "notice of intent to prosecute" .. ie a NIP

I have to say after my 36 in a 30 and my retraining session I have to agree I am much more carefull wrt speeds in 30 / 40 zones .. I use a Talex all the time just as a Aid to those lapse of concentration points where you miss a speed zone change
 
Thanks for all the help and wise words, looks like I will have to take it on the chin but it is very annoying as up until now i have managed over 25 years of driving without an accident or as much as brush with plod and it just seems the speedtrap (which it was, an unmarked white van parked in a layby) is a licence for Northamptonshire police to print money as they are renowned for sticking 3 points on peoples licences and collecting £60 without offering them the alternative 'retraining' programme other forces seem to offer.

Still, look on the bright side, at least my insurance company can screw me for an increased premium for the next 5 years!! [:D]
 
ORIGINAL: bluearmy87

Thanks for all the help and wise words, looks like I will have to take it on the chin but it is very annoying as up until now i have managed over 25 years of driving without an accident or as much as brush with plod and it just seems the speedtrap (which it was, an unmarked white van parked in a layby) is a licence for Northamptonshire police to print money as they are renowned for sticking 3 points on peoples licences and collecting £60 without offering them the alternative 'retraining' programme other forces seem to offer.

Still, look on the bright side, at least my insurance company can screw me for an increased premium for the next 5 years!! [:D]

The stats are that in Britain every individual would know of at least one member of family or a friend or a work colleague who have been done for speed. Your insurance will not go that high if it is one of those SP30 points...it is becoming too common...

I remember the times we used to put in our CVs, "Clean Driver's Licence"; now I guess this would a negative point as it would show you don't drive enough [:)]
 
ORIGINAL: bluearmy87

Thanks for all the help and wise words, looks like I will have to take it on the chin but it is very annoying as up until now i have managed over 25 years of driving without an accident or as much as brush with plod and it just seems the speedtrap (which it was, an unmarked white van parked in a layby) is a licence for Northamptonshire police to print money as they are renowned for sticking 3 points on peoples licences and collecting £60 without offering them the alternative 'retraining' programme other forces seem to offer.

Still, look on the bright side, at least my insurance company can screw me for an increased premium for the next 5 years!! [:D]

My wife has just done a training session in Leicestershire, which she said was very good - conditions for the course were - 2nd speeding offence, below 38mph in a 30 zone. Course costs the same as the fine - £60, but no points on her licence for this offence.

Pete
 
I remember the times we used to put in our CVs, "Clean Driver's Licence"; now I guess this would a negative point as it would show you don't drive enough [:)]
Not really it just means that you have a bit of CDF (common sense in Civvy Street).

It's not that difficult to avoid getting nabbed for speeding in restricted areas.
 
ORIGINAL: JCB..

It's not that difficult to avoid getting nabbed for speeding in restricted areas.

I used to be smug too until I momentarily lost my concentration at the wrong time..................[:)]
 
ORIGINAL: JCB..
Not really it just means that you have a bit of GDF (common sense in Civvy Street).

It's not that difficult to avoid getting nabbed for speeding in restricted areas.

As above, a bit smug....

I don't actually believe all people intend to speed [:mad:]

Just lately and quite embarrassingly I have failed to see a lit police car closing on down from behind me.... reason being I was way to busy watching my Speedo and a yellow box just ahead of me....
Luckily I have been aware enough to hear the sirens and move over in time.

garyw
 
ORIGINAL: garyw

ORIGINAL: JCB..
Not really it just means that you have a bit of GDF (common sense in Civvy Street).

It's not that difficult to avoid getting nabbed for speeding in restricted areas.

As above, a bit smug....

I don't actually believe all people intend to speed [:mad:]

Just lately and quite embarrassingly I have failed to see a lit police car closing on down from behind me.... reason being I was way to busy watching my Speedo and a yellow box just ahead of me....
Luckily I have been aware enough to hear the sirens and move over in time.

garyw

Not like me to be smug guys and I'm sorry you think that way. [&:]

My comment was to Kish's post

I remember the times we used to put in our CVs, "Clean Driver's Licence"; now I guess this would a negative point as it would show you don't drive enough
 
my 36 in a 30 was back of Reading on the road to Oxford... I know its full of cameras ...It was my(44th) birthday and my wife and I had taken the day off work to go for walk and a lunch .... when I got flashed we where just in a row of 6 cars cruising along the road following each other .. in the car we where chatting about the day .. what we would have for lunch etc .. however later we discovered later it was 36 mph in a 30.......

sometimes we just get screwed due to lack of attention
 

[/quote]

Not like me to be smug guys and I'm sorry you think that way. [&:]


Please don't take it to heart John, it really was meant to be a tongue in cheek comment, and your comments are always welcome on my posts [:D]
 

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