Author Topic: Two week rule?  (Read 1058 times)

Offline zedhead

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Two week rule?
« on: June 19, 2003, 10:42:48 AM »
I dunno how correct this is, but I thought that if you'd been caught by Gatso that the police had just two weeks to get their NIPS out (whahey!) to you...
If that is indeed the case, what should you do when the Notice of Intended Prosecution arrives about four months after the date of offence? What wording should be used if the NIP in just sent straight back? Should anything be filled in?

Incidentally, ther Gatso in question was on the A14 near Catworth, and was a van parked up at the side of the road, let's face it, it's not as though there are any camera on the A14 already is it?...

:rolleyes:

(Note to anyone who hasn't travelled on the A14 recently - there's loads of cameras, mostly forward facers, so when you get to know where they are you know when to  take it easy, and when you can gas it, until you meet a van parked up at the side of the orad or on a bridge of course...)

Offline Betablocker

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Two week rule?
« Reply #1 on: June 19, 2003, 10:57:12 AM »
Sorry to hear that Zedhead.

I dont know what to do, i don't know what the time scales are.

But this is getting very silly.
these people are shite in a big way, and lets be honest there is fuck all you can do, if the government want it like this then thats the way it will be.

Fuel protests, anti war makes no odds you wont win.
Sad but true.
Just got to fuck them up as much in the mean time as you can.
Diplomacy is the ability to tell someone to go to hell in such a way that they look forward to the trip.

Offline HOS

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Two week rule?
« Reply #2 on: June 19, 2003, 11:50:34 AM »
Zedhead...dude:
Get some legal advice like MCN website..!
After 4 months I think they are taking the piss !!!
Legal peeps can tell you how to quash it or fight it.

I`ll tell the lads about your experience...don`t think they will believe me.....
Arrogant tossers:-  the Law Courts and Pigs.
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Offline GSXR BOY

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Two week rule?
« Reply #3 on: June 19, 2003, 12:41:16 PM »
Heres some info for ya.

In the case of a number of moving traffic offences, the driver, if not stopped and interviewed by the police at the time, may experience considerable difficulty in recalling the circumstances some weeks after the event. For this reason, the Road Traffic Offenders Act 1988, section 1 states that, in relation to certain named offences, a person shall not be convicted unless:

1. he was warned at the time of the possibility of prosecution for the offence;
or
2. he was served with a summons for the offence within 14 days of its commission;
or
3. a notice of intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed was served within 14 days on him or the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence. (In the case of dangerous or careless cycling the notice must be served on the rider.)


Service of summons or notice of intended prosecution
In circumstances in which an oral notice is not given at the time, then either a summons or a written notice of intended prosecution must be served within 14 days. In reckoning a period of 14 days, the day on which the offence was committed is ignored. A notice sent by post must be despatched so that in the normal time of postal delivery it will arrive within 14 days. If it is so posted but is held up in the post and is delivered outside the 14 day period, it will be deemed to have been served in the 14 day period; consequently the driver can still be convicted.

Heres and example of what to do:
The date difference there is 22 days - well outside the 14 day guideline. You course of action should be first to phone the AA or RAC, or your insurers - most of these places offer free legal advice. Point out to them that it took 22 days and not 14, and see what they recommend. By the letter of the law, your NIP isn't valid. The question is, will your local police force work to the letter of the law? If you speak to a solicitor, point them in the direction of Section 1(1) of the Road Traffic Act 1988 (amended by schedule 1 road traffic act 1991) - it's very well hidden and not many solicitors know about this:
"...a person shall not be convicted of an offence to which this section applies unless...." "....(b) within fourteen days of the commission of the offence, a summons for the offence was served on him, or (c) within fourteen days of the commission of the offence, a notice of intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was...served on him."
The result:
Well I took your advice and wrote a letter back to the Hampshire Constabulary about their error and after 2 months did not get a reply, I thought that they may have conceded and dropped the prosecution, but alas I was wrong, just before Christmas I got a Summons to appear in court today (25/1/99) to 'answer to the speeding offence'. I wrote another letter to the 'Clerk of the Justices' pointing out the 'date' errors and also pointing out other conflicting points within the statement from the policeman that was operating the equipment on the day of the alleged offence, still no answer, so I turned up this morning to face the court and argue my point.
Well to cut a long story short, the legal advisor from the Clerk of the Justices, spoke to me before I was called and apologised for not writing back to me, but said that the magistrates agreed that there is far too much conflicting information and that the NIP date was outside of the law's stated 14 days so they were going to drop the prosecution!
I wonder how many other poor unfortunate people who are not aware of the law and get 'conned' in this way. I'd dread to think how much money the police force/government make out of this!
I will make a point of telling everyone I know about this so that the law is not allowed to get away with trying to break their own rules.

Looks like you got a good case wink
"Marriage Is The Only War Where You Sleep With The Enemy"

Offline stickboy

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Two week rule?
« Reply #4 on: June 19, 2003, 12:55:15 PM »
Fantastic...

Beta, put this on the website...
The weaver bird has little brain, it weaves about from lane to lane....that\'d be me then...

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Offline GSXR BOY

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Two week rule?
« Reply #5 on: June 19, 2003, 01:34:50 PM »
Your welcome

Glad to be of assistance.

Daz.
"Marriage Is The Only War Where You Sleep With The Enemy"

Offline Betablocker

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Two week rule?
« Reply #6 on: June 19, 2003, 02:29:28 PM »
cool thumbs
Diplomacy is the ability to tell someone to go to hell in such a way that they look forward to the trip.

OnIce

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Two week rule?
« Reply #7 on: June 19, 2003, 02:56:33 PM »
Very Handy bit of info....nice one dude thumbs

Evil Twin

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Two week rule?
« Reply #8 on: June 19, 2003, 06:36:47 PM »
Good posting GSXR BOY !!!thumbs

Offline GStueyXR

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Two week rule?
« Reply #9 on: June 20, 2003, 12:34:42 AM »
Quote
Originally posted by GSXR BOY
Heres some info for ya.

 


Nice on Gixxer Boy. Admin you should make this a sticky in gatso corner.
My Job is to keep Beta Busy  :)

Offline zedhead

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Two week rule?
« Reply #10 on: June 20, 2003, 09:38:54 AM »
Thanks for that folks,
Just one thing - the vehicle in question is a company car, and there was a notice served to the registered keeper (the company) who provided the required information, although we're now trying to find out exactly when that first notice was served, we think it was more than two weeks after the event... (note, 'think'!)
Is it possible to find out EXACTLY when the first Notice was sent to the company, given that you can request to see the evidence I can only assume that you can request the details regarding the case...

By the by, it was my bird that got caught in her company car, not me!

Beta, you're right mate, they're fuckin' everything up for us in every way they can, so we HAVE to reciprocate, it's only polite... (Hmm, I can feel a new thread coming on...)

Grubby

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Two week rule?
« Reply #11 on: May 17, 2004, 09:56:38 AM »
Top tips for you naughty people out there.
Tip one: If you get flashed or caught by a mobile unit buy your local paper. Look in the obituries column, get the name of someone who's died & find out their address, usually not too hard, use your phone book. Send in their details as the named driver & sit back & wait. If they write back to you (Unlikely) you tell them that this was the name provided to you by the person test riding your bike. They can't prove otherwise....Case closed.
Tip two: Have yourself a friendly motorcycle reapir shop/garage, tell the old bill on the NIP that it couldn't have been you riding your bike as it was in the garage at the time being repaired & that someone must have cloned your plate. You'll need your mate to write a letter to back you up, but yet again, as my signature says, If they ain't stopped ya you ain't nicked. thumbs

Evil Twin

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Two week rule?
« Reply #12 on: May 17, 2004, 11:15:50 AM »
It seems to be that if you put up enough of a fight then they will drop the charges on a 3 pointer. Ala Steuy and a guy that I know has just got off of a charge by saying that his car was for sale at the time and the guy driving was a potential buyer. Didn't even give em an address for the "buyer" just stuck to his guns and eventually got a letter saying that no further action was being taken thumbs

Offline Sumch

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Two week rule?
« Reply #13 on: November 06, 2004, 12:44:10 AM »
on a recent weekend away....travelling through Cumbria, on my way to Blackpool....i saw a camera van,dont know what speed i was doing but managed to slow down to round about 85
good news though...it was the wifes car(she'll get the ticket) laugh
even better news....that was more than 2 weeks ago thumbs
so  CUSS off  :gatso: van....you cant catch me(or the wife) wave

ps...the slimey fekker was on a overbridge that was on a tight corner...slowing down quickly at that point....would probably cause a fekking accident...so much for ROAD SAFETY UNIT!!!!!!
"those who risk nothing,do nothing,achieve nothing,become nothing!" David Jefferies

Offline "M"

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Two week rule?
« Reply #14 on: November 06, 2004, 05:11:13 PM »
and if its a static gatso, chuck a tyre over it, fill it with petrol and burn the feker. Nearly every camera in holland is melted!

You gotta love the dutch, normal law abiding citizens till it comes to GATSO's :gatso:
Incompetant!