CopyWrite
Member
Registered: 16th Apr 02
Location: South Walez
User status: Offline
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well actully it's my ol' man that was caught....BUT!
the date on the letter says March 16th and it only came today (June 24th) that makes it over 3 months.
actully he wasn't in the place at the date given on the letter but was there the other week.
could he play on the fact that they sent him the letter too late?
what is the maximium amount of days they have within to send you the letter from the time recorded.
and are there any other suggestions?
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--DAN--
Member
Registered: 3rd Feb 03
Location: Bottesford. Drives;3 Series
User status: Offline
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I've heard that they can't charge you unless you sign the form, and there is no law to say you must sign it, all they can do is ask for your signature but you are within your rights to refuse. Therefore they have no choice but to drop the matter. Anybody else heard this?
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CopyWrite
Member
Registered: 16th Apr 02
Location: South Walez
User status: Offline
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....
what is the maximum amount of days they can send it to u ?
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DavC
Member
Registered: 28th May 02
Location: Manchester
User status: Offline
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you get a month to pay up i think. if you dont in time then it will probably go to court. so will just end up with his 3 points/ 60quid fine and about another 50poundish for court costs.
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Valleyscorsa
Member
Registered: 16th Jan 03
Location: Glam Uni - drives - 1.2 vegas
User status: Offline
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Fill in all the info as normal but dont actuallt sign it, theres a loop hole in law which means that the form doesnt have to be signed and they cant make you, so it should just be dropped  However this was on the news a few months back so maybe they have changed all the laws, worth a crack though! Good Luck
Jamie 
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CopyWrite
Member
Registered: 16th Apr 02
Location: South Walez
User status: Offline
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ok ill tell him that.
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stuyw
Member
Registered: 15th May 02
Location: North West Drives: Rev3 MR2 Turbo
User status: Offline
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dont sign the form as there is a loophole in the law at the moment which Blair is after overturning 
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Bonzai
Member
Registered: 25th Mar 03
Location: Cardiff, Wales Drives: 205 GTi 1.9
User status: Offline
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if u dont sign it they send u a letter back sayin they will just make u appear in court instead of just dishing out a standard fine + points. I know cos i just had one in the post yesterday
HOWEVER i believe they only have somethin like 3 weeks to notify you about the offense and after that they cant touch you. not sure of the web address (search on google) but there is definately a site which provides all the legal information you can ever need
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M4tt
Member
Registered: 18th Apr 03
Location: Potters Bar
User status: Offline
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yeah they have a maximum of 3 weeks to prosecute you.
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MattyB
Member
Registered: 13th Nov 01
Location: 118.5bhp :D
User status: Offline
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3 months mate!!
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Richie
Member
Registered: 3rd Dec 02
Location: Newport, Wales
User status: Offline
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I have recently been flashed by a Gatso camera, what happens next? The Police have 14 days to send you a Notice of Intended Prosecution (NIP). They also get an allowance of a couple of days for the post to deliver it. So if its more than 17days since you were flashed they are too late to prosecute you, unless you were driving a company car, hire car or someone elses car. In these circumstances they are allowed more time to track you down. See below for further details.
I have received a Notice of Intended Prosecution (NIP) through the post and I want to know what to do?
If you know that you broke the speed limit and its inside the "14" day rule, then its easier to accept the offer of a £60 fine and 3 points. If you feel strongly enough about the abuse of Gatso's as revenue generating tools - rather than safety tools - then you could go to court. If enough people did this then it would totally clog up the system and it would fall over - however being British and too reserved - this is unlikely to happen. If you already have points on your licence and the points from this will take you to 12 points or more, then you could get banned and we would suggest that you take legal advice to prevent/mitigate this.
The Notice of Intended Prosecution (NIP) arrived outside of the "14" day period. You should be able to get the prosecution dropped - get our lawyers to write you a legal letter and it should go away. This is assuming that you are the registered owner of the vehicle.
The NIP arrived outside of the"14" day period, as they had my address/details incorrectly recorded or not upto date. 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)"
In the case of Clarke -v- Mould (1945)the police approached what was then the Motor Licences Department (now DVLA) in good time but were given wrong information from the Department which resulted in failure to serve the NiP in time. The defendant argued that because the Department had given out wrong details and the Department were, like the police, a government department, surely he should not be blamed for the police failure to serve. The Court disagreed. The Court said that the police only had to make reasonable and diligent enquiry as to the registered keeper. They did this, therefore they had complied with the rules of the relevant Act at that time. The above has not been challenged and we feel that in the current climate there is no merit in clients pursuing a defence on this basis.
Taken from speedtrap.co.uk
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Richie
Member
Registered: 3rd Dec 02
Location: Newport, Wales
User status: Offline
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What is the time limit, within which you can be prosecuted?
The police have to serve a summons on the defendant within 6 months of the date on which the prosecutor (normally the CPS) certify that they have collated enough evidence to bring a charge. This does not mean that the police have 6 months from the date of the offence to charge the accused. My advice to anyone who has received a summons more than 6 months after the alleged offence is to request a copy of the signed and dated certificate of prosecution from the Police/CPS. For a normal common or garden speeding offence with no complications I can think of absolutely no reason why the prosecution should not issue a summons within 6 months of the offence. Notwithstanding the above, the Prosecution must bring proceedings within 3 years of the alleged offence. The NIP 14 day rule still applies for Gatso and other devices, where you are not stopped and warned of proscecution at the time of the offence.
Im confused now
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Rob H
Member
Registered: 28th Oct 00
Location: Staffordshire Drives: Astra SRi
User status: Offline
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quote:
Originally posted by AustinPXX
What is the time limit, within which you can be prosecuted?
The police have to serve a summons on the defendant within 6 months of the date on which the prosecutor (normally the CPS) certify that they have collated enough evidence to bring a charge. This does not mean that the police have 6 months from the date of the offence to charge the accused. My advice to anyone who has received a summons more than 6 months after the alleged offence is to request a copy of the signed and dated certificate of prosecution from the Police/CPS. For a normal common or garden speeding offence with no complications I can think of absolutely no reason why the prosecution should not issue a summons within 6 months of the offence. Notwithstanding the above, the Prosecution must bring proceedings within 3 years of the alleged offence. The NIP 14 day rule still applies for Gatso and other devices, where you are not stopped and warned of proscecution at the time of the offence.
Im confused now
thats just saying that once your NIP has been sent to them, they have 6 months to charge you, and should prosecute you within 3 years. The 14 day rule still applies if your not told in person that you are going to be prosecuted, i.e. getting flashed by a gatso. 
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moddedcorsa
Member
Registered: 15th Aug 02
Location: Argyll, West scotland
User status: Offline
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quote:
Originally posted by corsa-dan
I've heard that they can't charge you unless you sign the form, and there is no law to say you must sign it, all they can do is ask for your signature but you are within your rights to refuse. Therefore they have no choice but to drop the matter. Anybody else heard this?
yip, its in this months redline
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SRi_m00k
Member
Registered: 19th Jan 03
Location: N.Ireland
User status: Offline
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how to get off speedin!!!
dont speed ;-)
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kev007
Member
Registered: 10th Dec 02
User status: Offline
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i got caugh doing 100mph by a camera van on dec 31st 2002 and only went to court on may 2nd, i got 28 day ban and £160.00 fine/costs, a month without my car has taught me a valueble lesson,DONT GE CAUGHT!!!!!!!!!!!!!!
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leeshez
Member
Registered: 3rd May 01
Location: Great Harwood, Lancashire
User status: Offline
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I have heard don,t sign the ticket i hope this helps Cheers Lee
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Adam_B
Member
Registered: 13th Dec 00
Location: Lancashire
User status: Offline
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If he wasnt in the said place at that time and he can prove it, he should be fine.
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Icy
Member
Registered: 31st Jan 01
Location: Edinburgh Drives: Mk3 Golf Gti
User status: Offline
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i got flashed tonight slowin down for this camera at 30 was doin 30 goin thru but car on other side was speedin n flashed while i was at the camera. would they think was me?
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Drew
Banned
Registered: 24th Nov 01
Location: County Durham
User status: Offline
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no icy as it takes 2 pics, so know that ya wouldnt have been doing more than 30 if ya wasnt
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Bonzai
Member
Registered: 25th Mar 03
Location: Cardiff, Wales Drives: 205 GTi 1.9
User status: Offline
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i thought id been flashed again the other night, until i realised it was my mate in he ca behind using the flash on his camera to piss me off. i shat myself the first time it happened but the second time was way to dodgy to be real. good trick to play on your mates late at night on dark roads 
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Corsa^Dan
Member
Registered: 4th Dec 02
Location: Sleaford, Lincolnshire
User status: Offline
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lol yeh ive had thq done 2 me... was thinking eeeeek!
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Bonzai
Member
Registered: 25th Mar 03
Location: Cardiff, Wales Drives: 205 GTi 1.9
User status: Offline
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well lucky i knew i wasnt speeding on the first one or i really would have been bricking it back to cardiff. if he had done it on the camera before hand tho :s didnt see it till the very last second but it didnt flash so i should be OK. fingers crossed
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Icy
Member
Registered: 31st Jan 01
Location: Edinburgh Drives: Mk3 Golf Gti
User status: Offline
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*sigh*
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3CorsaMeal
Member
Registered: 11th Apr 02
User status: Offline
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i got caught doing 91mph the other day 
i just gonna pay up and forget about it, its only money at the end of the day....
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