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Darran1971
Hello,

I am wondering if the six month timeout applies to my situation below.

After having two previous sp30's (Both now expired five years), I picked up another NIP for the offence that occured on 31 - December 2005.

I decided to fight it this time around, rather than just 'Give in'.

I did not receive the 'original NIP', as it 'went 'Missing' in the post, however I did get a seven day or else reminder sometime during March 06.

I replied to the 'reminder' NIP, by signing my details (not the admission), and included a cover note asking why the original letter had not been sent recorded delivery, and that it would be difficult to recall the driver from three months previously.


About two months later (May 06), I received the photographs, that do not show a recognisable image of the driver, and a letter from the camera partnership, stating that the original 'NIP' was handed to a postman who then signs for it. (obviously then placing it in his bag to join the ordinary mail wacko.gif )
The safety camera partnership did not include the 'Official' form I needed to sign, so I rang them, and they re-sent the NIP forms (another week).

I decided enough was enough, and duly signed the forms, naming me as the driver, and also included a cover note stating this was unfair, as I am forced to do it as I would only get prosecuted for not naming the driver.

Three more months went by, until last week, I received a Fixed Penalty Offer, stating "We have evidence that you were the driver", which was the evidence I gave them in the NIP sad.gif . Once again they want all my details including my admission etc, and also the licence and money.

Anyway, It is now going into september, and I have twenty days left to return the FPO.

My question is, does the Six Month rule, mean that if I ignore the FPO, it is too late for them to issue a summons? or is it likely, they could have laid the paperwork already?

Your comments are appreciated,

Thanks,

Darran1971
crystal
Hi,

They do not lay the summons until the FP offer has been declined / ignored and its already to late to lay a summons for speeding

regards
Crystal
Roblynmouth
Not sure when the 6 month rule starts but it is on this site somewhere as i have seen it.

A couple of points to consider with any NIP;

1. Ask for a copy of the Traffic regulation order [TRO], as this is the means by which a speed limit is legal, no TRO no speed limit. The copy they send you should show the seal, again no seal no legality. Check the distances and location of the order. If the Scammers are going to rely on a restricted road defence [30mph and street lights] then you need to check that all the lamp columns are 187metres apart, any more than that [even one set, and one Cm] means that the 30 mph restriction is not correct. However not all 30mph limits rely on street lamps, so don’t assume, ask for the TRO. One final thing if the council rely on street lamps and there are repeater signs on the road then the restriction is incorrect and they need to have a TRO
2. Under Young V Day, this is an example of a good description of a NIP location;
M9 Edinburgh/Perth Motorway, Craigforth District of Stirling at a part near to the A84 Overbridge,
So is this one;
M4 Near Tolls Plaza Rogiet Monmouthshire W/B,
However this is not;
A449 LLANDENNY
Under Young V Day the Divisional Court [a higher court so therefore binding on the magistrates court] refused to set aside a decision by the justices that a notice of intended prosecution under the Road Traffic Act 1930 [s. 21] was insufficiently particular where it stated the place of the offence of dangerous driving. Further details can be found [http://forums.pepipoo.com/index.php?showtopic=8795]. Whilst the case is about not misleading the defendant, if you don’t live there then how can you be expected to know where they are talking about if the location isn’t precise?
3. Remember most Safety Cameras Partnership offices are manned by ‘two men and a dog’ relying on you doing nothing except what they want you to. If everybody who received a scamera ticket were to challenge the ticket even on the basics, the system would melt down especially bearing in mind the various time out opportunities that exist in the law.
Don’t get mad get even



They have 6 months from the date of offence to do this, so for speeding 6 months from date you were flashed + another 28 days for the S172. You may not receive the papers until after this date.
Crystal seems to have address this one, before me told you this was a dogs 'b' site
chipster
So keep hold of it, frame it, put it under your pillow.... do anything with it..... just dont destroy it or send it back.

What an easy victory! Which force was it?

Chip
Darran1971
Thanks Guys,

Some heartening comments here already smile.gif

So if I now ignore the FPO, it's possible it will get dropped? I've seen some confusing comments on other sites stating it's six months from the time the CPS confirm the evidence to prosecute, and not from the time of the offence, but this contradicts the section 127 of the 1980 Magistrates court act.

It's not like it's not their fault when they can take three months to act on my admission

Cheers Again,

Darran1971
chipster
Darran

As long as you sent back the s172 signed and in time (which due to the arrival of the CoFP would imply you did) you can't get done for failing to furnish (deadline to lay information is 28 days + 6 months from NIP issue/served date).

The timeout for speeding is 6 months from the offence. Once that date has passed they cannot lay information to prosecute.

As long as this CoFP relates to the speeding offence of Dec 31st 2005 (and I cant see how it couldn't) then you dont need to do anything.

If they write to you, and you can be bothered, you may wish to point this out to them by return.

Chip
Bluedart
Sounds like it may have been the crappy Devon scammers, is that correct Darren1971
Darran1971
For those of you interested, it's the South Wales Partnership.

Cheers,

Darran1971
Darran1971
QUOTE (chipster @ Thu, 31 Aug 2006 - 15:55) *
Darran

As long as you sent back the s172 signed and in time (which due to the arrival of the CoFP would imply you did) you can't get done for failing to furnish (deadline to lay information is 28 days + 6 months from NIP issue/served date).

The timeout for speeding is 6 months from the offence. Once that date has passed they cannot lay information to prosecute.

As long as this CoFP relates to the speeding offence of Dec 31st 2005 (and I cant see how it couldn't) then you dont need to do anything.

If they write to you, and you can be bothered, you may wish to point this out to them by return.

Chip


Hi All,

Ok, so it looks like my case should be dropped as I'm well over the six months limit, however, can they still get me on a 'Failing to Furnish' charge because I signed the NIP after 28 days, as their first letter went astray, but I did sign the reminder they sent me, after asking for the Photos, within their new time limit.
I assume I should be OK, as they eventually sent the CoFP three months later, stating they had 'Evidence' that I was the driver, which is based on my signing the NIP.
What concerns me a little is the address the CoFP requires me to send my Cheque and license to.

This is not is not the South Wales Safety camera partnership (in Cardiff), but:-

The Clerk to the Justices
Fixed penalty Office
SOUTH WALES M.C.C.
The Court House
Aberdare
CF44 0NW

Would this imply some direct link with the court, or is it probably just the standard sort of address for sending the CoFP to?

Cheers again,

Darran1971
jeffreyarcher
QUOTE (Darran1971)
This is not is not the South Wales Safety camera partnership (in Cardiff), but:-

The Clerk to the Justices
Fixed penalty Office
SOUTH WALES M.C.C.
The Court House
Aberdare
CF44 0NW

Would this imply some direct link with the court, or is it probably just the standard sort of address for sending the CoFP to?

It's because that's the way that the law says that it's got to be done.
See, in particular, Section 75(6) and 75(8)(a).
Darran1971
Hi All,

Just a quick update.

My COFP expired on 13th September, and I have not heard anything from the scammers since. Looks like they may have realised this case is dead in the water biggrin.gif
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