Huyndai i 30 - Not a UK resident

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Mon 13 Jun 2016 20:04
Huyndai i 30 - Not a UK resident - Heatinspector

On vacation in 2012 i was apparently photo radar clocked at 39 in a 30 zone. About a month later back in Canada i recieved byregular mail the NIP asking who was driving the car. I decided to ignore it as IMO no proof of delivery and it was well past the 14 days. it was a rental car.

I may be coming back to the UK later this year and will be hiring a car. I am wondering if there will be any repurcussions of my ignoring the NIP. like will my drivers licence be flagged at rental companies or will there be any chance that a warrant issued in my name if it shows up on a passport?

Any helpful advice would be really appreciated.

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Mon 13 Jun 2016 20:22
Huyndai i 30 - Not a UK resident - RT

On vacation in 2012 i was apparently photo radar clocked at 39 in a 30 zone. About a month later back in Canada i recieved byregular mail the NIP asking who was driving the car. I decided to ignore it as IMO no proof of delivery and it was well past the 14 days. it was a rental car.

I may be coming back to the UK later this year and will be hiring a car. I am wondering if there will be any repurcussions of my ignoring the NIP. like will my drivers licence be flagged at rental companies or will there be any chance that a warrant issued in my name if it shows up on a passport?

Any helpful advice would be really appreciated.

As long as the rental company was issued the NIP within 14 days, that provision is of no value to you - there's no time limit on how long it takes to track down the driver.

You could of course pay the fine and then no risk of arrest or being flagged for anything - we have to do this if we break the law and get caught!

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Mon 13 Jun 2016 21:42
Huyndai i 30 - Not a UK resident - RobJP

As RT has said : as long as the initial NIP was sent out to the hire company within 14 days, it was valid. There is no requirement for proof of delivery.

Highly likely you'll get away with it. However there's always the chance of you getting arrested on arrival, or turned around.

Enjoy the anticipation !

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Tue 14 Jun 2016 07:42
Huyndai i 30 - Not a UK resident - Palcouk

If the case was proceeded with, you will find a fine + possible collection penalties have been issued and that you will be likely rejected for any car hire - There is no power or arrest for failing to comply/pay

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Tue 14 Jun 2016 09:02
Huyndai i 30 - Not a UK resident - Dwight Van Driver

So 4 years ago your hire car was pinged for speeding.

NOIP sent to hire firm who named you to them as person hiring.

They send form under S172 RTA 88 for you to name driver. You dont and bin form. Offence not to reply

They cannot do anything about the speed as they cannot ID driver at time of offence. Limitation on proceedings well lapsed also. But there is the question of proceedings re fail to name driver. OMG.

They could have taken out a summons in your name for failing to name driver, placed you name on Police National Computor as wanted for service of summons so that if checked on your return to UK you would be dealt with.

I am 98% sure that due to the passage of time they have binned this long time ago. UK Plod have sufficient alligators snappping at their backsides to have spent any time on this triviality.

DVD

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Tue 14 Jun 2016 13:12
Huyndai i 30 - Not a UK resident - SteVee

I would have thought the rental company would charge the fine to your credit card that you used when hiring the car.

If you didn't pay then the rental company may remember you; but you could always use a different company.

The points that should have gone on your licence have probably disappeared and been forgotten about.

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Tue 14 Jun 2016 14:12
Huyndai i 30 - Not a UK resident - RT

I would have thought the rental company would charge the fine to your credit card that you used when hiring the car.

If you didn't pay then the rental company may remember you; but you could always use a different company.

The points that should have gone on your licence have probably disappeared and been forgotten about.

AFAIK the rental company won't have been fined as they correctly identified the driver.

There's no provision to apply points to a non-EU licence and I'm not sure we have a mechanism to apply points to a non-UK, but EU, licence.

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Tue 14 Jun 2016 15:16
Huyndai i 30 - Not a UK resident - Dwight Van Driver

Where points are awarded to the offender holding no Licence or a non domestic UK Licence then this fact is reported to DVLA and a 'ghost' record in the offenders name is created with the points. This enables them to check if further points are awarded.

dvd

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Tue 14 Jun 2016 20:24
Huyndai i 30 - Not a UK resident - Heatinspector

Thank you all for your input many variations! In Canada here the police do not pull you over for speeding if you are at 15k over the posted speed limit. Our highway here is OK to drive at 20K over the 100K limit. it has been well proven that 10 k over the posted limit does nothing to prevent accidents ans as there is no demerit points for 15 or under one is rarely stopped except in the 40k school zone. However travelling over 50k above any posted limit will lead to a 7 day suspension of license and impound of the vehicle, plus up to $1000.00 fine. As a point of interest there is an article on the news today of a guy in a Merc travelling at 197K in an 80K zone. www.thestar.com/news/crime/2016/06/14/police-clock...l

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Tue 14 Jun 2016 21:08
Huyndai i 30 - Not a UK resident - RT

Thank you all for your input many variations! In Canada here the police do not pull you over for speeding if you are at 15k over the posted speed limit. Our highway here is OK to drive at 20K over the 100K limit. it has been well proven that 10 k over the posted limit does nothing to prevent accidents ans as there is no demerit points for 15 or under one is rarely stopped except in the 40k school zone. However travelling over 50k above any posted limit will lead to a 7 day suspension of license and impound of the vehicle, plus up to $1000.00 fine. As a point of interest there is an article on the news today of a guy in a Merc travelling at 197K in an 80K zone. www.thestar.com/news/crime/2016/06/14/police-clock...l

Don't try to use the law or customs to justify your behaviour as a visitor in a foreign country.

Most of us speed here, even those who try not to, and some blatently ignore speed limits - most of the time we get away with things but when we get caught we pay up and move on.

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Wed 15 Jun 2016 01:22
Huyndai i 30 - Not a UK resident - Heatinspector

Sorru if you thought that was what I intended. Not at all I am a provincial offences officer and am used to applying the law. As a matter of interest I researched the statute of limitations on RTA offences and found this:

Road Traffic Offenders Act

Section 1 of the Road Traffic Offenders Act 1988 [7] requires a Notice of Intended Prosecution (NIP) to be served within 14 days of applicable offences being committed; if that does not occur, it may follow that any further action may be prevented. However, there are exceptions to the 14 day rule: if the alleged offence was committed in a company car or the car was not being driven by the registered keeper of the vehicle are all examples of exception to that day to allow the police to make appropriate investigations. The date of the offence is excluded.

The onus is on the body issuing the Notice of Intended Prosecution (NIP) to ensure the Notice is served within 14 days. The definition of "served" has changed. Prior to 1994, NIPs were served by registered or recorded post, but in 1994, the Road Traffic Offenders Act 1988 was amended to allow for standard postal delivery. Several successful defences to a NIP have been conducted on the production of the envelope that contained the NIP in which the postmark on the envelope indicated to a court that the NIP could not have been received (served) within the 14 day limit.

Representation of the People Act

Section 176 of the Representation of the People Act 1986, [8] requires that proceedings for any offence within the act begin within one year of the offence being committed.

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Wed 15 Jun 2016 08:29
Huyndai i 30 - Not a UK resident - RT
Section 176 of the Representation of the People Act 1986, [8] requires that proceedings for any offence within the act begin within one year of the offence being committed.

There are exceptions! Have you not heard about the historical sex abuse cases in the UK, some being brought to court decades later.

As I posted earlier, the 14 days only applies to issuing the NIP to the registered keeper - it can then take as long as necessary to identify the driver.

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Wed 15 Jun 2016 10:49
Huyndai i 30 - Not a UK resident - ExA35Owner

So the NIP was correctly served on the Registered Keeper. No issue there.

Amd ROPA is to do with election law, so is irrelevant, I'm afraid.

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Wed 15 Jun 2016 15:31
Huyndai i 30 - Not a UK resident - Dwight Van Driver

Normally for minor traffic offences they are classed as summary offence for which limitation on proceedings are 6 months unless that limit is extended by Road Traffic Offender Act to certian traffic offences listed in Schedule 1 which is 6 months from coming to the notice of the prosecutor up to 3 years.

dvd

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