Police took 19 months to process my speeder!

[Samster]

Police took 32 months to process my speeder!

Opened the post tonight and there's a court summons with a picture of me two summers ago on a 12R going through a Gatso..............

32 months it's taken them! (thought it was 19 months until Chudff pointed out it's actually been another year!)

No denying it's me, but surely 32 months is taking the piss (as was riding at 54 in a 40 with my hands on my legs)

What would you do?

 

[Pete.]

Had you already received a NIP and sent it in? They have to notify you of an intention to prosecute withing a certain timeframe.

 

[Samster]

Honestly this is the first I've heard of it - don't even remember it- but the camera is on a road I rode every morning and afternoon for 3 years, I was well aware of it and must have been out of my mind that morning to go through it over the limit, unless of course the camera got it wrong?

 

[Codbasher]

Thames Valley are usually very quick with the NIP's - Fine etc..

I know to my cost, 6 points...... d34l :tosser:

It took them 3 months to get to me as i was driving a rental truck, think from the time I get the NIP they have to pros within 6 months...

19 months is a no no, tell em to poke it....

 

[Wolfie]

frame it sam.

 

[ericonblackbird]

Hi Samster

Do I presume that the summons is for 'failing to supply information'?

If the summons is for speeding, unless you have completed an NIP (which you blatently have not from your post) then the prosecution is guaranteed to fail.

If you want to pm me, feel free, I am quite well versed in these matters.

EDIT I have just checked the 'photo' and it was not a GATSO but a still taken from a lastec video system attached to an LTI20-20 - the piece of kit mobile units use.

Regards

 

[ianrobbo1]

got your best side I see!!

 

[gypsy]

I thought those zx12 were supposed to be quick Sam?

 

[Elwood]

IIRC a summons must be raised within 6 months or thats it, case out the window. Now uness they raised the summons some 13 months ago then put it in a cupboard I cant see how it can be progressed. Deff worth checking with a solicitor

 

[chuffmeister]

erm , look at the date....... 16-09-03 ( if thats the date )


thats a tad over 19 months ago ????? h1d1ng2fl4g71

 

[Samster]

Feck me you're right - 32 months!!

 

[Elwood]

erm , look at the date....... 16-09-03 ( if thats the date )


thats a tad over 19 months ago ????? h1d1ng2fl4g71

someones takin the piss !!!!

Just as well, looking at your leathers, you could hardly say "it wasnt me guv" :yo::yo:

 

[chuffmeister]

Feck me you're right - 32 months!!

yep, and i'm pissed :neenaw:

wouldnt be on the A40 by chance ????

if so, went past there today :yo:

 

[Samster]

The road is Braywick in Maidenhead Chuff.............. I know the A40 ones well - I'm Witney, where are you?

 

[chuffmeister]

near wallingford now, but was at abingdon for years when it was RAF

w;;v

 

[Codbasher]

DO NOT mention Witney in my presance please...

A40 between Witney and Oxford, twice, big wide strech of road, done for doing 50 in a artic, on a 60 mph road, artics were only meant to do 40....

Feckin height sensor on a Gatso,,,, what next!!

 

[Punchy]

The photo has also got the word "timeout" on the top. In other words if this is the only piccy they have the speed doesnt relate to the vehicle in view. Provided you havnt changed address's on a regular basis, i think the maximum time for sending you the NIP has been exceeded by a week or two...


.

 

[solorider]

this link opens a fact sheet about speeding http://motorlawyers.moonfruit.com/you will have to click on the required link,you will need adobe reader

 

[ericonblackbird]

Back again w;;v

If I can I will tie this together so sorry about the 'background'
A NIP has to be served on the Registered Keeper by First Class post within 14 days of the alleged offence.
Information has to be laid at a Court within 6 months (this is not necessarily the issue of the summons)

As has been said earlier this is taking the p.ss but as always in these matters a little care has to be taken.
The DVLA are not prompt in updating the records so if the bike had changed hands several times, time can drag on and on as each owner proves they were not the RK at the time of the alleged offence.
If a NIP has not been 'completed' the RK cannot be charged with speeding (Middleton v Bath Magistrates) so in Samsters case if no NIP has been completed by Samster the only charge that can be laid is 'failing to supply information' (s172 RTA '88)
As I said earlier the still was produced from an LTI20-20 laser + video. The 'Timeout' message should preclude this still from gaining a conviction (it shows the end of a 'capture') but I know of a case (under appeal) where the Mags have convicted. Again the Crown would generally submit stills closer to a Trial (under s9) that come before a 'timeout'.

Having said that, if a summons has been issued, it has to be accompanied by statements (s9's) from the camera operator be it police officer or civillian and the Partnership paperwork processing person - these statements with this timescale must make enjoyable reading.

Hope that helps - this should be easily closed when the details have been clarified.

Feckin height sensor on a Gatso,,,, what next!!

Have you come across the weight sensors on the piezo strip operated cameras?

 

[Punchy]

Back again w;;v

If I can I will tie this together so sorry about the 'background'
A NIP has to be served on the Registered Keeper by First Class post within 14 days of the alleged offence.
Information has to be laid at a Court within 6 months (this is not necessarily the issue of the summons)

As has been said earlier this is taking the p.ss but as always in these matters a little care has to be taken.
The DVLA are not prompt in updating the records so if the bike had changed hands several times, time can drag on and on as each owner proves they were not the RK at the time of the alleged offence.
If a NIP has not been 'completed' the RK cannot be charged with speeding (Middleton v Bath Magistrates) so in Samsters case if no NIP has been completed by Samster the only charge that can be laid is 'failing to supply information' (s172 RTA '88)
As I said earlier the still was produced from an LTI20-20 laser + video. The 'Timeout' message should preclude this still from gaining a conviction (it shows the end of a 'capture') but I know of a case (under appeal) where the Mags have convicted. Again the Crown would generally submit stills closer to a Trial (under s9) that come before a 'timeout'.

Having said that, if a summons has been issued, it has to be accompanied by statements (s9's) from the camera operator be it police officer or civillian and the Partnership paperwork processing person - these statements with this timescale must make enjoyable reading.

Hope that helps - this should be easily closed when the details have been clarified....

According to that then Eric if Samster still owned the vehicle and had not moved house from the address on the vehicle registration document for 14 days after the alleged offence then he must be in the clear...

thats as I understand the legal position.


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