Help - Search - Members - Calendar
Full Version: Am I off the hook ?
FightBack Forums > Queries > Speeding and other Criminal Offences
Michael748
In summary:-

- Received NIP on 08Dec03 for 41mph in a 30. (NIP letter dated 08Dec03, alleged offence 01Dec03).

- Sent back unsigned NIP 31Dec03 by special recorded delivery saying " can't remember who was driving".

- Received B&B letter 13Jan04 saying "no reply received"

- Sent reply 22Jan04 by recorded delivery letter saying " yes you have had a reply.....an unsigned NIP...and you signed for the receipt on 02Jan"

so....if timeout is 6 months from NIP date then timeout was 08Jun04. if its 6 months + 28 days then timeout is 06Jul04.....so close...but oh so far.

so....am I free ???

Can a summons be backdated ?.....i.e. I receive a summons in 3 months time...but the date on the summons is 05Jul04 ????

I have been a regular reader of this site for 8 months......and the help that you regular guys give is invaluable......more importantly, you give the ordinary man in the street like myself the confidence to have a go....instead of just rolling over.


i'm not a well off person...but i've been saving up funds to go to court and take it all on the chin if necessary.

if I get off first thing i'll do is join the naughty boys club and send my cheque......

gonna weld up my letterbox for the next few days so no mail can be delivered !!

Never give up....... never surrender......

.....like the Poll tax.....it must cave-in if we keep fighting....


Michael748
DW190
"Michael748" In summary:-

QUOTE
- Received NIP on 08Dec03 for 41mph in a 30. (NIP letter dated 08Dec03, alleged offence 01Dec03).

so....if timeout is 6 months from NIP date then timeout was 08Jun04. if its 6 months + 28 days then timeout is 06Jul04.....so close...but oh so far.

so....am I free ???
Nearly

QUOTE
Can a summons be backdated ?.....i.e. I receive a summons in 3 months time...but the date on the summons is 05Jul04 ????

It certainly can but would be an abuse of the process of the court.

QUOTE
gonna weld up my letterbox for the next few days so no mail can be delivered !!

Dont do that. Someone may send you a cheque.


At the end of next week you could telephone the Magistrates Courty in the area of the alleged offence. Give them your name address and DoB and ask if any informations have been layed before the court.

If none have been layed you cna confidently write to the Scams and ask them to confirm that the matter is closed.
Red Shiney Wheels
QUOTE
so....if timeout is 6 months from NIP date then timeout was 08Jun04. if its 6 months + 28 days then timeout is 06Jul04.....so close...but oh so far.


I believe that the timeout for the speeding offence is 6 months from the date that the offence was allegedly commited. The S172 offence would be 6 months plus 28 days from the date of the NIP. So you are in the clear for the speeding offence but have a few days before the S172 times out.

As DW190 states they could backdate the summons but this would be an abuse of process.

RSW
jhefin
What about the timeout for other offences? e.g Careless driving, Dangerous and others
Michael748
well.....its all a bit odd

i phoned herts scamera group 6 months and 30 days after the alleged offence.

bright spark that took my NIP no said "were you driving".......tw@t....i said i didnt know...and still hadn't had the piccies......but i believed that it was now time out and would you kindly write to confirm that the offence is dropped laugh.gif


he said "no"..... we leave the offence on the system because no one has paid the fine


wondering if i can demand a reply
Glacier2
QUOTE
he said "no"..... we leave the offence on the system because no one has paid the fine


Thats madness! Who excatly are they going to make pay the fine?
cjm99
Speeding has an absolute time out. Six months after the offence.

If you are beyond this time frame, then why bother seeking a response?


Chris
Michael748
just wondering if i can recover any costs from them.....even if they didnt lay any papers before court ?
Michael748
not sure whether to demand a letter asking confirmation of case dropped........and if they wont do it then just antagonise them with a request for them to provide all data/details they have stored against me under the data protection act....10 quid well spent if its going to cause them a big ball ache
DW190
QUOTE (Michael748)
not sure whether to demand a letter asking confirmation of case dropped........and if they wont do it then just antagonise them with a request for them to provide all data/details they have stored against me under the data protection act....10 quid well spent if its going to cause them a big ball ache


Just send a polite letter somthing like this:

QUOTE
Dear Scameras,

I do not appear to have received anything since your letter dated ????

Do I take it that you have drawn a line under the matter.

I would like to dispose of all the documentation but would appreciate it if you could confirm the matter is closed before I do so.

Since the alleged incident I have taken a serious interest in the operation of laser speed measurement equipment and am studying it in depth.

Do you engage trained civilians to operate you equipment or does it have to be operated by serving police officers.

I look forward to your reply.

Yours sincerely,
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2024 Invision Power Services, Inc.