Safe Speed Forums

Apologies for this in advance but I'm sure it must have been bought up quite a few times already.

I have been issued with a Notice of Intended Prosecution for a speeding offence (39mph in a 30mph) at Welwyn Garden City on the 8th January this year, which is dated 7th February.

Does this make the NIP invalid and would I therefore automatically "win" the case if I elected not to pay the fixed penalty?

I have no recollection of being at such a speed over the limit (the NIP doesn't say how the evidence has been obtained whether photographic or video), but I suppose I should assume that I was. To my mind cameras and the like are a necessary evil but will never distinguish between "just speeding" on an empty road and driving in heavy traffic that can be more dangerous but take place within the limits.

Nevertheless I would be prepared to take my medicine but being human would like to get off if I can. Does anybody think I have a reasonable chance of escaping prosecution?

Also if i decline the offer and the case does go to court

1) Do I get to see the evidence against me before the case itself?

and

2) Having seen the evidence am I then able if so inclined to plead guilty by letter?

Firstly, these sorts of threads are far better posted over at http://www.pepipoo.com in their fightback forums.

Since you're here though:

I have been issued with a Notice of Intended Prosecution for a speeding offence (39mph in a 30mph) at Welwyn Garden City on the 8th January this year, which is dated 7th February.

This does invalidate the NIP (but not the S172 request, meaning you MUST respond, even if the NIP itself is out of time), but only if you are the registered keeper of the vehicle. If it's a hire car, company car, or if you've moved home or only recently bought the vehicle, then the police obviously have additional time to find the true keeper. If any of these are the case, then the 14-day limit is irrelevant.

1) Do I get to see the evidence against me before the case itself?

Yes. If you elect to have a hearing in court, you are entitled to full disclosure of all of the relevant evidence. Whether you receive it or not is a different matter, since the partnerships are incredibly reluctant to give out entire tapes from the LTi20/20. If this happens though, it would only help your case, not hinder it.

2) Having seen the evidence am I then able if so inclined to plead guilty by letter?

Yes. You may change your plea at any time before the hearing, including by post. If your speed was significantly over the limit, and the magistrates are considering a ban though, you cannot have the case heard in your absence, and you will need to attend.

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Carl Prescott

Thanks Carl

Much appreciated

Anyone know how long it takes them to process the points and send back your licence?

The car is on a lease then buy deal which unfortunately means my propects with the NIP being out of time defence look slim.

However I'm going to Portugal in five weeks time and am a bit concerned that, if I send my licence off now..

1) I won't get it back in time
2) even if I do it'll hamper my efforts to hire a car.

With this in mind I'm still tempted to not accept the conditional offer of £60 and three points, but instead go for court but plead guilty later on.

Any ideas how much extra in fines this would involve?

Maybe, maybe not. AIUI it all depends on who was the registered keeper at the time of the offence. It doesn't matter if it currently belongs to a leasing company or a dealer's lease-buy scheme. If you were the registered keeper on 8th Jan it still took them a month to send the NIP, so unless there was a fair reason for them to have taken time to track you down (such as moving house, only became the keepr days before and Swansea were still playing with the docs etc) the delay may still be a defense. If the car is actually registered to someone else you're probably banjaxed.
Go tell the crowd at http://www.pepipoo.com if you haven't already.

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Make everything as simple as possible, but not simpler - Einstein