If someone got flashed by a speed camera on Boxing day 2006, how long before they get a fine through the post?

staff_0097

You have to get a notice of intended prosecution (NIP) within 14 days (Road Traffic Offenders Act 1988 (c. 53)).
However they can still send you a Fixed Penalty Notice (FPN).

Be carefull on the following, under Section 172 of the Road Traffic Act 1988, you must give details of who was driving the car at the time of the offence. There is some people who are currently challenging the RTA on the grounds of the Human Rights Act that you have the right to not imcrimnate yourself.

I would suggest you send a letter to the Cheif Officer stating that the NIP has "time-expired" and that under 1(1) Road Traffic Offenders Act 1988 the NIP is no longer vaild. Still fill in the "who was driving at the time" bit. If you dont want to fill in the who was driving bit send the following letter.

Date:
NIP Ref:
Vehicle Registration:

Dear Chief Constable,

Further to the above Notice of Intended Prosecution for an alleged motoring offence: I have been informed that the case law of the European Court of Human Rights indicates that the fundamental and enduring principle of a personâ€™s right to silence and avoidance of self-incrimination is applicable to Section 172 Road Traffic Act 1988.

I would like to exercise my fundamental right to remain silent, and draw your attention to Appendix I of this letter, which contains the case law upon which my defence will rely.

Yours sincerely,
++++
==============
Appendix I
Brown v Stott (Procurator Fiscal, Dunfermline) and another Privy Council [2001] 2 All ER 97

John Murray V UK (ECHR 00018731/91para

Case of Weh v Austria- (Application no. 38544/1997) ECHR

Case of Funke v France (Application No 00010828/84) ECHR

JB v Switzerland- (Application no. 31827/1996) ECHR

Heaney and McGuiness v Ireland (Application no. 34720/97)

Debate House of Lords Cols, 447 515, 535 18 November, 1997

White Paper Human Rights Brought Home s2.7 and 2.8

Sections 2 and 3.1 Human Rights Act 1998

Ireland v UK 1979-80 ECHR

Wille v Lichtenstein 1997 ECHR

Internationale Handelsgesellschaft mbH v Einfuhr Case 11/70 [1989] AC 66

Article F2 Treaty of Maastricht

Friedrich Kremzow v Republik Ã–sterreich. C299/1995

Bernard Connolly v Commission Case C-274/1999

Eugen Schmidberger, Internationale Transporte and Planzuge v Republik Osterreich ECJ C-112/2000

Limburgse Vinyl Maatschappij NV (LVM) (C-238/1999 P), DSM NV and DSM Kunststoffen BV (C-244/1999 P), Montedison SpA (C-245/1999 P), Elf Atochem SA (C-247/1999 P), Degussa AG (C-250/1999 P), Enichem SpA (C-251/1999 P), Wacker-Chemie GmbH and Hoechst AG (C-252/1999 P) and Imperial Chemical Industries plc (ICI) (C-254/1999 P) v Commission of the European Communities. Joined cases C-38/1999 P, C-244/1999 P, C-245/1999 P, C-247/1999 P, C-250/1999 P to C-252/1999 P and C-254/1999 P.ECR

Grimaldi (Salvatore) v Fonds des Malaides Professionnelles Case C 322/88

Directive 2000/56

Commission Recommendation of 6 April 2004 on enforcement in the field of road safety Celex Number 32004H0345

Hertfordshire County Council, Ex Parte Green Environmental Industries Ltd and Another, R v. [2000] UKHL 11; [2000] 2 AC 412; [2000] 1 All ER 773; [2000] 2 WLR 373 (17th February, 2000)
=======
Road Traffic Offenders Act 1988 (c. 53)

1.â€”(1) Subject to section 2 of this Act, where a person is prosecuted for an offence to which this section applies, he is not to be convicted unlessâ€”
(a) he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, or
(b) within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or
(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, wasâ€”
(i) in the case of an offence under section 28 or 29 of the [1988 c. 52.] Road Traffic Act 1988 (cycling offences), served on him,
(ii) in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.

annie

2 weeks is the normall time depends really! sometime you get flashed and there is no film in the camera! so cross your fingers and everything else, that is the case!!! good luck.

rowdy

2 weeks. 14 days. A fortnight. There, you're safe.

ragill_s1849

14 days from the date of the alleged offence. If whoever it was hasn't had the notice of intended prosecution yet, they're in the clear.

candy g

as you use the term boxing day I KNOW you are writing from good old England.................did you know that the flash still goes off EVEN if no film in the machine...........not sure where abouts you are but there was a place just out side Plymouth on main road into Cornwall that NEVER had film in it......but boy did it flash a lot......they could not afford the film so I was told.............

If this place you got flashed at is near by, have a look at the box...........if it looks like Mickey Mouse ears then there is NO film in it................

Regards

Boris

If you haven't got it now, then you won't.

Some cameras don't have film in them.

Watch out for specs cameras though. They are digital and use time/distance calculation for speed and they are undetectable, unless you know where they are.

jeanimus

You have to get a notice of intended prosecution within 14 days of the alleged offence (including sundays, bank hols) If you dont get that they cant prosecute. The fine will follow after the notice.
Maybe it was UFOs and not the camera flashing lol

Sapphire

not long after I would have thought. If you haven't had it by now, probably won't. Did you def get flashed?

James b

By law the NIP (notice of intended prosecution) has to have been posted to you withing 14 days. After that you all clear. - fact

Voice of Reason

You won't hear anything now - it is far too long after the event.

Alfred E. Newman

2 weeks is the normal amount of time,if you havent got it yet then dont worry,legally its too late.

taxed till i die,

2-3 weeks.

on the wagon

yes
usually within 2-3 weeks

The Fat Controller

it can be as long as 6 months ie 26 june 2007

Sian H

A friend of mine recieved the fine 3 months after they were flashed, depends how backed up they are with other fines

greenbuddha03

I would get an attorney if they tried to send you a ticket anyway. I honestly believe it's debatable to tell a person that a piece of fallable technology can judge better than the presence of a police officer. "If the cop didn't see it, you didn't do it." LOL. Good luck. In the meantime, you should receive a ticket within 30 days I believe.

oldtimer

You should have heard from them by now.
If you don't ask silly questions you wont get a silly answer.

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