Discussion
I've just got 6 points for doing 52mph in a 30mph zone and I'm non too happy about it having already got 3 points previously. Anyway, until I found this site I was unaware of the 14 day rule for the NIP.
I was caught by a hand held camera on a dual carrageway secion of Beverley Road in Hull. According the the police report the officer in question saw me coming down the road, decided that I must be speeding and so whipped out the speed gun and logged me at 52mph. That was back in March and I just got my licence back on Saturday with 6 points and a £200 fine.
Anyway, today I dug out the NIP that I originally received from the police. I wasn't stopped on the day, I just received the NIP through the post. However, the date of the offence was 26th March and the NIP is dated 16th April, outside the 14 days. So, can I appeal on the basis that the police shouldn't have been able to prosocute as the NIP was outside of the 14 day period and could I have the points taken off?
It's a long shot I know but I was so arsed off to find out about the 14 day rule on the day after I got my 6 points I figured that it might be worth a try.
Chris.
I was caught by a hand held camera on a dual carrageway secion of Beverley Road in Hull. According the the police report the officer in question saw me coming down the road, decided that I must be speeding and so whipped out the speed gun and logged me at 52mph. That was back in March and I just got my licence back on Saturday with 6 points and a £200 fine.
Anyway, today I dug out the NIP that I originally received from the police. I wasn't stopped on the day, I just received the NIP through the post. However, the date of the offence was 26th March and the NIP is dated 16th April, outside the 14 days. So, can I appeal on the basis that the police shouldn't have been able to prosocute as the NIP was outside of the 14 day period and could I have the points taken off?
It's a long shot I know but I was so arsed off to find out about the 14 day rule on the day after I got my 6 points I figured that it might be worth a try.
Chris.
I would give it a go, but did you admit to your guilt? if so, you may be stuck with it. 
That's why you should NEVER admit to anything if stopped or by post, until you have considered all the options. Once Plod has it in writing, you are as good as done. Even if Plod asks you directly at the roadside "what speed were you travelling at", DO NOT ANSWER if it is more than 5mph over the limit. Ask them what speed THEY measured you at.
Sometimes they don't have a reading, but rely on your confession to book you.
C
That's why you should NEVER admit to anything if stopped or by post, until you have considered all the options. Once Plod has it in writing, you are as good as done. Even if Plod asks you directly at the roadside "what speed were you travelling at", DO NOT ANSWER if it is more than 5mph over the limit. Ask them what speed THEY measured you at.
Sometimes they don't have a reading, but rely on your confession to book you.
C
When the court summons came in I pleaded guilty by post but the police should never have taken it that far outside of the 14 days. I might speak to CAB about it and see what they say.
Does anyone have a reference to the 14 day rule, like how I would prove that it exists. I can't really go in there with "I heard about it on a web site".
Thanks.
Chris.
Does anyone have a reference to the 14 day rule, like how I would prove that it exists. I can't really go in there with "I heard about it on a web site".
Thanks.
Chris.
Beckham got his ban overturned ..... I might get lucky. To be honest, I'm not sure now whether or not it's worth all the hassle. How long to points remain on your licence? Is it four years or three. At worst can I get through the next four years without any further endorsments and get a clean licence back again?
Chris.
Chris.
quote:
Beckham got his ban overturned ..... I might get lucky. To be honest, I'm not sure now whether or not it's worth all the hassle. How long to points remain on your licence? Is it four years or three. At worst can I get through the next four years without any further endorsments and get a clean licence back again?
Chris.
On yer license for 3 years for totting up purposes, on the license itself for 4.
With the proliferation of tax cameras and other assorted Government-sponsored wallet-picking tactics, can you GUARANTEE not to get any more SP60's?? (or other conviction sfor that matter?) If you can get it overturned, it could be worth your licence and the saving of a 6 month ban....... think about it.
quote:
Okay, if I do decide to go ahead and try to get it overturned what's the next move. Can anyone recommend a good solicitor and is there any precedance for this? I don't want to run up a massive solicitor's bill AND still have the 6 points on the licence.
Oh, what to do???
Chris.
well a decent solicitors going to cost you at least 150 per hour so I'd bank on the massive bill anyway :-(
Presume you pled guilty rather than go to trial ? If so, you accepted charge against you, and all that goes before it.
Its the old addage, ignorance of the law is no excuse. If you want to appeal, what new facts have come to light since your conviction that you weren't aware of, and could not have reasonably been aware of, when the case went to court ? Looks to me like now you're willing to pay a solicitor, then you weren't. IMO that's not grounds for a successful appeal.
Its the old addage, ignorance of the law is no excuse. If you want to appeal, what new facts have come to light since your conviction that you weren't aware of, and could not have reasonably been aware of, when the case went to court ? Looks to me like now you're willing to pay a solicitor, then you weren't. IMO that's not grounds for a successful appeal.
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