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Full Version: What is the legal timeout for a speeding summons
FightBack Forums > Queries > Speeding and other Criminal Offences
bobg
I was flashed from a stationary camera on 26/09/06 and a NIP was sent on 11/10/06. I was sent a conditional offer of a fixed penalty on 18/12/06. I sent my licence and fine to HMCS on 28/12/06. However this was lost in the post or by HMCS and a reminder was sent by HMCS on 22/02/07. I informed the Road Safety unit that I was having to apply for a replacement licence and on 22/03/07 they said to inform them when a replacement licence was received and if the 'case' was still within their department then they would advise me what to do next. I've seen various 6 months, 6 + 1 month rules - how do I stand legally?? Any advise would be welcome
redloner
The speeding offence times out six months from the date of the offence, 26 March 2007. However, the Scammers may have laid the information with the Court prior to the time out and the Summons may take a few weeks to arrive.

It is possible that you may be Summonsed for failing to furnish the Driver's details despite returning the "lost" correspondence. This has a longer time out. It is six months, plus twenty-eight days, from receipt of your NIP. The information for a S172 offence may therefore be laid upto 9 May 2007 and the Summons issued a few weeks after that.

It is possible you might receive nothing, or a Summons for either, or both these offences. You cannot really start to think about a strategy until you know what faces you. It might be worth a call to the Court used by the particular Partnership to see if there is anything laid in your name. Do not contact the Partnership itself!
Fight the Power
Perhaps I am missing the point here, but if your dates are correct, you are already in the clear. If the NIP is dated 11/10/06 and you were flashed on 26/9/06. That means the NIP was issued 15 days after the offence. If the car is owned and registered in your own name so they cannot say that the 14 day time scale does not apply, it looks to me as though your NIP is invalid. I expect somebody else to pipe up now and prove me wrong, but it may be worth a look.
firefly
Without the results of the NIP wizard we shall never know...
bobg
The NIP was returned to the 'safety camera unit' which included drivers details, name, address, driving licence number - which if I am not mistaken indicates I have complied with the requirements of S172.
Therefore am I right in thinking it is a straight forward 6 month rule from the date of the alleged offence from when the summons must be placed before the courts, as I have satisfied the requirements of S172?

HMCS in replying to my letter indicating that I had previously sent my licence and fine to them advised that I inform the safety camera unit that I was having to apply for a replacement licence.
Who actually keeps track of what has been done, the safety camera unit or CPS?. The CPS appear to indicate that it is up to the safety camera unit for determining what happens next, is this correct.
When I contacted the safety camera unit to indicate I was having to apply for a replacement licence said that they would look at the case if it was still within their department. Who actually determines what happens next?
BaggieBoy
So what happening the 18 months between posts, did you ever get a summons?
bobg
Timed out - a victory!
The new post is on behalf of a lady friend.
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