I am going to court for a speeding offence. The NIP was over 4 weeks old when I received it. Win or lose?

whatnowwwww

To any sane and fair-minded person, yes your argument wins.

But this is the law you are talking about, and no one involved with it is either sane or fair-minded.

If you go in without a lawyer, the prosecution will refuse to concede defeat to an imbecile (this technical lawyer talk, it means "nonlawyer"), and will pull some gibberish out the excretory end of his gastro-intestinal tract in an attempt to hoodwink anybody watching. Not even the judge of course will know what the heck the prosecutor is talking about, but a judge's biggest fear is to be outed as a fraud and fool, and will go along with it in order to keep his secret extra chromosome a secret for another day at least. Indeed, the judge will feign outrage at YOU for having the audacity to come into HIS--not the people's, or the state's or the county's, but HIS--courtroom and usurping the province of the Highly Trained and Professionally Certified miscreants and demons who are the only Authorized Practitioners of the sport of Law. Between the judge and the prosecutor, they will slice you up like a squid and feed you to the Bailiff, and yours won't be the only Blood of the Innocents dripping down his shirt. Like vampires, these people need not only perpetual Darkness, but a daily dose of innocent blood to survive.

So if you want to try it go ahead. It's probably worth a shot. But just remember there is no such thing as having the Law on your side, when the only thing that counts is money, power and influence, all of which you will have demonstrated the utter lack of by walking into a courtroom without a lawyer.

One tip: Go to the mall and buy the biggest Mercedes-Benz key ring you can find, and put all your keys on it, then drop it on the floor when talking to the prosecutor and do it again when the judge comes in. Hopefully somebody on that side will notice that you are one of them, and show some mercy if not full protection from the Law.

Heidi W

Yes and no. You know they posted it to you late, and you know the law, but can you prove it? They will lie through their teeth when you get in that courtroom. Good luck!

CLIVE H

There's a very high probability that you will get off. Most people who go to court following a speeding thing, get off. Reason is that often the fuzz just get things mixed up as in your case, where they issued a vital piece of evidence too late.

That's the main point in English law - the evidence and if they cannot produce it then you ain't guilty.

And in answer to your question - yes, you done right!

Good luck - these UK.gov spivs only want to rip us off.

John W

As far as i can remember there is provision for the NIP date of issue to be extended in law if there is a reasonable excuse, i can't remember how long the actual time span is but I'd imagine that the camera partnership has covered their backs BEFORE sending you the NIP.. I'd check with a lawyer for the specifics but i think you could be on shaky ground and will probably end out costing you a lot more in the end.. Sorry..

vdv_desantnik

they have up to 6 months to issue a notice of intended prosecution. I would have checked this out before refusing to pay and opting for court if I were you, it might have been cheaper

Ben Gunn

Now for the real answer.

The notice must be posted so that, in the normal course of the post, it should arrive within 14 days from the day following the offence. It does not have to be received within that time. It is also possible to give the notice verbally at the time of the offence, or it can be included on the notice you are given to produce your documents at a police station.

It is possible to send the notice late if the police could not, with due dilligence, ascertain the name and address any sooner or if the accused contributed to the delay (for example by not notifying DVLA that he/she was the owner of the vehicle).

frankturk50

You need to give more detail.An NIP should be delivered to your last known address within 14 days but not if a verbal one was given at the time or if a fixed penalty has been issued to you.

Ian UK

You've already admitted the offence by saying you were doing 46 in a 40 zone.

Why don't you just be grown up about it and take the rap?

fivetoze

no... its an old wives tale... plod can extend the period of NIP if and as it suits... ie if theyre snowed under with work, they can extend it... it was 6 months... and all plod has to do is say your nicked sunshine... and you are... there is NO get out of jail free card anymore.

Phone the CPS in your area, and see if you can have it dealt with as you made a mistake...

failing that, just going to court adds Â£150 onto the bill.. and if they think youre taking the mick, dependnt on how fast you were going, they can ban you...

Marie Q

If you haven't already discovered it, (and it sounds like you haven't) you are about to discover how life and the law are not really fair. That's an old tale that people who have been lucky enough not to be in the situation that you are currently in still believe. You would be amazed to see how credible the courts finds officers of the law and the Dept of law even if you and I know they are less than credible.