• Speeding NIP received after 14 days

    From Tony The Welsh Twat@21:1/5 to All on Sat Oct 14 09:07:12 2023
    Hypothetical.

    If you are alleged to have exceeded a speed limit on 1st September and the date of the NIP is 13th (so deemed delivered on 15th), besides responding as to who you believe the driver was, how do you plead, given that the NIP is time-barred.

    Do you plead not guilty or guilty with the caveat that the NIP is invalid?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to tonythewelshtwat@gmail.com on Sat Oct 14 22:42:41 2023
    On 14 Oct 2023 at 17:07:12 BST, "Tony The Welsh Twat" <tonythewelshtwat@gmail.com> wrote:

    Hypothetical.

    If you are alleged to have exceeded a speed limit on 1st September and the date of the NIP is 13th (so deemed delivered on 15th), besides responding as to who you believe the driver was, how do you plead, given that the NIP is time-barred.

    Do you plead not guilty or guilty with the caveat that the NIP is invalid?

    I really don't know if a court would convict on your own statement despite the NIP being time barred. It is not impossible. But I would write back to them that you do not intend to reply to it. However, is it really time barred? It seems to be nominally received within fourteen days after the alleged offence.

    --
    Roger Hayter

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to Tony The Welsh Twat on Sun Oct 15 01:08:02 2023
    On 14/10/2023 05:07 pm, Tony The Welsh Twat wrote:

    Hypothetical.

    If you are alleged to have exceeded a speed limit on 1st September and the date of the NIP is 13th (so deemed delivered on 15th), besides responding as to who you believe the driver was, how do you plead, given that the NIP is time-barred.

    Do you plead not guilty or guilty with the caveat that the NIP is invalid?

    "Mo case to answer"?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jeff@21:1/5 to Tony The Welsh Twat on Sun Oct 15 09:42:31 2023
    On 14/10/2023 17:07, Tony The Welsh Twat wrote:
    Hypothetical.

    If you are alleged to have exceeded a speed limit on 1st September and the date of the NIP is 13th (so deemed delivered on 15th), besides responding as to who you believe the driver was, how do you plead, given that the NIP is time-barred.

    Do you plead not guilty or guilty with the caveat that the NIP is invalid?


    AIUI the day of the offence is not counted in the 14 days so the NIP is
    still valid.

    Jeff

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Brian@21:1/5 to Tony The Welsh Twat on Mon Oct 16 12:53:17 2023
    Tony The Welsh Twat <tonythewelshtwat@gmail.com> wrote:
    Hypothetical.

    If you are alleged to have exceeded a speed limit on 1st September and
    the date of the NIP is 13th (so deemed delivered on 15th), besides
    responding as to who you believe the driver was, how do you plead, given
    that the NIP is time-barred.

    Do you plead not guilty or guilty with the caveat that the NIP is invalid?



    How was the alleged offence spotted?

    Eg, was the person stopped and told they may be prosecuted or was it a
    camera etc.

    If the former, my understanding is, that counts as NIP.

    Conversely, I understand the 14 day rule applies to cameras and speed traps where the driver is not stopped at the time.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)