Suzuki GSX-R Motorcycle Forums Gixxer.com banner

1 - 8 of 8 Posts

·
Registered
Joined
·
3,909 Posts
Discussion Starter #1
This morning my wife received a letter stating that she was caught doing 37 in a 30 zone and I have a few questions about this.
1. How many points will she get and how much will this cost?
2. According to this letter the offence took place on the 24.02.2004 and I read something in a bike mag that this notice must be sent within 2 weeks of the offence, can you guys shed some light on this?

Thanks

This is my wife’s first ever fine in 8 years of driving and she is shitting herself.

She is not too concerned about the fine but the points piss her off.
 

·
Registered
Joined
·
5,804 Posts
1. 3 points and a £60 fine
2. i'm pretty sure an NIP (notice of intention to prosecute) has to be sent within 14 days otherwise it isnt valid
when is the letter dated that it was sent ? you could phone CAB (citizens advice bureau ) they could probably shed some light on this
 

·
Registered
Joined
·
5,804 Posts
What the Law says
If you are not stopped at the time of the offence, then the police are required by law to serve a 'Notice of Intended Prosecution' within 14 days. The original 1988 Road Traffic Offenders act required this to be done using registered or recorded delivery post to your 'last known address' (see the relevant section 1988 Act) but has the stipulation that this condition will be assumed to have been met unless and until proven otherwise - not a problem if recorded delivery was used.

In 1994 the act was amended to allow the use of 1st class post. The assumption that the NIP delivery condition has been met however remains. It is thus sufficient for the police to say that they sent the NIP and up to you to prove that they didn't. Exactly how this is to be achieved is not specified and it is very likely contrary to European Human Rights legislation. This change in the law is particularly odd when you realise that the Royal Mail itself admits that 0.5 million letters each week are not delivered correctly.

http://homepage.ntlworld.com/david.loomes/speeding/
 

·
Registered
Joined
·
3,909 Posts
Discussion Starter #5
Thanks for all your in put. The NIP was posted on 07.04.2004 and as the offence was on the 24.02.2004 that makes 44 days. One problem though as it is a company car and I guess the NIP was first sent to the leasing company or to her employer this could explain the delay. I will follow this up though.

Thanks again
 

·
Registered
Joined
·
512 Posts
Yeah sorry to say, they have to send the initial NIP to the registered keeper of the veh - ie the company.......

At that speed she'll get 3 points and £60 pound fine - not really worth fighting cos if she gets guilty at court..the fine will go up, pluis costs, plus possibly more points...
 

·
Registered
Joined
·
12 Posts
A guy i work with was able to escape points/fines in my department because he was 'caught' while driving a company car. His argument was that he doesn't remember driving the car, and our company doesn't keep a detailed log of who was driving the car- in reality hundreds of people are insured to drive the car- it could have been anyone!
 
1 - 8 of 8 Posts
Top