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i only recieved the log book last week :s
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That'll probably explain the delay in the NIP. Take the NIP to a CAB.
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"i can remember going through an amber "
If this is the case, then do you have anything to worry about. The cameras are triggered on red signals. Thus if you are convinced of your action then the camera is faulty.
Check the camera out. Watch for vehicles going through whether on amber or red and see when the camera flashes. If it happens on amber you have a case. If confirmed it goes off on red, then you are in the preverbial do dah.
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PU knows way more about this than I do but I would have thought that if there is a delay in the arrival of the NIP, whatever the cause, is not valid. If it arrives within the time limit it is correct and enforceable and it if it is late it is not valid and can be ignored. If the various government agencies involved can't get their act together it is their problem and OP's good luck or not, as the case may be!
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Don't ignore it - if they can show due diligence in tracing you after the change of ownership - you're stuffed.
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... I would have thought that if there is a delay in the arrival of the NIP, whatever the cause, is not valid. ... >>
I may be wrong, but it is rare to get practicing lawyers/solicitors to give advice on this forum other than to tell you to go and see a lawyer/solicitor.
According to t'internet [which can be wrong]:
www.lawontheweb.co.uk/crimertonip.htm
"If you have not been given the notice within 14 days (ignoring the day of the offence) then they cannot proceed against you unless an exception applies (see below).
Exceptions & Get Outs
d) Failure to comply is no bar where the police could not with reasonable diligence have ascertained the name and address of the accused in time for service of the summons or notice within the 14 day period, or the accused contributed to such failure. [These are our highlights - might apply for example if you drive a hire car, company car or you were not the registered keeper]
www.motordefenceteam.co.uk/knowledge-Guides/n-i-p....m
What if I have not heard anything within 14 days?
Exceptions
3. There is also an exemption where the police could not with reasonable diligence have ascertained the name and address of the accused in time for service of the summons or notice within the 14 day period, or the accused
www.opsi.gov.uk/acts/acts1988/Ukpga_19880053_en_2....m
Road Traffic Offenders Act 1988 (c. 53)
1 Requirement of warning etc. of prosecutions for certain offences
....
(c)
within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was —
.... etc. etc.
2 Requirement of warning etc: supplementary
(3)
Failure to comply with the requirement of section 1(1) of this Act is not a bar to the conviction of the accused in a case where the court is satisfied—
(a)
that neither the name and address of the accused nor the name and address of the registered keeper, if any, could with reasonable diligence have been ascertained in time for a summons or, as the case may be, a complaint to be served or for a notice to be served or sent in compliance with the requirement, or ...
So, as Pugugly says, visit your CAB for legal advice.
Edited by jbif on 09/10/2009 at 12:10
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What is the date in the V5C Log book DocRef date. Last week does mean anything. You need to identify the date of the alleged offence and the DocRef date. Regards Peter
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The offence was committed on the 18th august. I received the nip on the 8th october. My logbook arrived on the 26th september. thanx
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That probably explains it. When was the V5 printed ?
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if the car was not registered to you when any prosecuting authority wished to send you an NIP within 14 days....then the 14 day rule goes out the window...they just have to show they tried
similarly if you don't receive it within 14 days, if the prosecuting authority can prove it was sent in due time, then it can still be valid e.g. delays with Royal Mail
don't get your hopes up too much on the non compliance of the 14 day rule
i'd echo the advice given before about receiving proper legal advice.
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Whatever you do don't not respond to it. Another option is that it went to the previous keeper and that they fingered you. Don't ignore it and hope it will go away.
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What is the date in the V5C Log book DocRef date on page two. ??? Regards Peter
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You should be able to request the photgraphs of you commiting the offence. If I remember correctly it has to show the signal being red whilst your car is crossing the line.
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What is the date in the V5C Log book DocRef date on page two. ??? Regards Peter >>
In reply to Peter D:
Let us hope you are 3rd time lucky and get an answer.
In response to worriedstacy:"The offence was committed on the 18th august. I received the nip on the 8th october. My logbook arrived on the 26th september. thanx .. " >>
Other information that I should like to know (just curious):
Date of purchase in July 09.
Date the paperwork sent to DVLA to inform them of the change of ownership.
" .. i can remember going through an amber as i knew it would be more dangerous to stop on a 40 road than to go through i was commited to carrying on. I completley dispute the fact that it was a red light. .. " >>
You have a good memory.
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IIRC, amber means "stop" too.
Did you not spot it was amber until too late?
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Like you I once got caught by a camera at a junction, but no NIP arrived, so it must have been out of film. That was lucky but I took it as a lesson to learn to stop in time. Amber gives you more than enough time to do so.
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Why so long to receive the log book, having bought the car in July?
Seems to me you've lost this fair and square. You'll have to drive perfectly for the rest of your first two years to avoid a 6 pts totting up ban.
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