OT speeding fine

#11

In article <01293a66$0$25833$c3e8da3 (AT) news (DOT) astraweb.com>, alicc says...

Quote:

Well it is car related ..
It seems I have been caught speeding. 38 in a 30 zone. It does mention the
possibility of speed awareness classes or a warning letter instead of a fine
& points.
But partially due to the postal strike I suppose.. it was delivered today.
2 week and one day after the offence.
What are my chances of protesting it arrived outside the 2 week
period?

None.

--
Conor
www.notebooks-r-us.co.uk

I'm not prejudiced. I hate everybody equally.

#12

On Sun, 25 Oct 2009 01:15:28 +0100, Paul <Paul1232hssspam (AT) hotmail (DOT) com>
wrote:

Quote:

Paul Cummins wrote:
In article <f207e5tfarcl7d1br4n0r1i5q790k5cs0n (AT) 4ax (DOT) com>,
iandalziel (AT) lineone (DOT) net (Ian Dalziel) wrote:

If you mean they need proof of receipt, then you are indeed wrong,
as
you say.

You miss the point. There is plenty of case law that posting it on day 14
is not good enough.

Then you'll be able to post a link to one?

The OP could easily argue that they did not post it in time to arrive "in
the normal course of post" before day 15, and thus it was not served -
his rebuttal of their presumption should be sufficient.

No, you miss the point - you are just wrong - take a trip to uk.legal if
in any doubt.
Courts are quite happy to accept fact it was posted as 'served'.
They have 14 days to procees the demand and stick it in the post,
whether the driver gets it or not is another matter - eg all the lease
cars where it bounces around from leasing company, to company secretary
of users works, and finally to driver. Do you suggest that if its
delayed in the internal mail its invalid?

I suppose they do only have 13 days to post it - it is considered
served if it would normally arrive wthin the time limit. But when it
really does arrive is indeed irrelevant.

--

Ian D

#13

On Sat, 24 Oct 2009 23:04:39 +0100, alicc wrote:

Quote:

Well it is car related ..
It seems I have been caught speeding. 38 in a 30 zone. It does mention
the
possibility of speed awareness classes or a warning letter instead of a
fine & points.
But partially due to the postal strike I suppose.. it was delivered
today.
2 week and one day after the offence.
What are my chances of protesting it arrived outside the 2 week period?
I
dont see how I can prove it . And surely it cant be as easy as just
saying it arrived too late or everyone would say it.

http://tinyurl.com/ykg367f

("Telegraph" website)

Chris

--
Remove prejudice to reply.

#14

"alicc" <shenkpo11 (AT) yahoo (DOT) co.uk> wrote

Quote:

Well it is car related ..
It seems I have been caught speeding. 38 in a 30 zone. It does mention the
possibility of speed awareness classes or a warning letter instead of a
fine & points.
But partially due to the postal strike I suppose.. it was delivered today.
2 week and one day after the offence.
What are my chances of protesting it arrived outside the 2 week period? I
dont see how I can prove it . And surely it cant be as easy as just saying
it arrived too late or everyone would say it.

Is there a date marked on the envelope & was it posted 1st or 2nd class (if
2nd then it's invalid anyway). It has to be posted to the registered keeper
to arrive within 14 days of the normal course of post.

#15

Redwood wrote:

Quote:

"alicc" <shenkpo11 (AT) yahoo (DOT) co.uk> wrote in message
news:01293a66$0$25833$c3e8da3 (AT) news (DOT) astraweb.com...
Well it is car related ..
It seems I have been caught speeding. 38 in a 30 zone. It does mention the
possibility of speed awareness classes or a warning letter instead of a
fine & points.
But partially due to the postal strike I suppose.. it was delivered today.
2 week and one day after the offence.
What are my chances of protesting it arrived outside the 2 week period? I
dont see how I can prove it . And surely it cant be as easy as just saying
it arrived too late or everyone would say it.

Is there a date marked on the envelope & was it posted 1st or 2nd class (if
2nd then it's invalid anyway). It has to be posted to the registered keeper
to arrive within 14 days of the normal course of post.

Theres a story in the post today that 1,000's can expect to get away

with their fines due to postal strike and the 14 day rule.

#16

with advice lie these from the experts why did't you just ring up the phone
number on the letter immediately and explain the situation?
"Ian Dalziel" <iandalziel (AT) lineone (DOT) net> wrote

Quote:

On Sat, 24 Oct 2009 23:04:39 +0100, "alicc" <shenkpo11 (AT) yahoo (DOT) co.uk
wrote:

Well it is car related ..
It seems I have been caught speeding. 38 in a 30 zone. It does mention
the
possibility of speed awareness classes or a warning letter instead of a
fine
& points.
But partially due to the postal strike I suppose.. it was delivered
today.
2 week and one day after the offence.
What are my chances of protesting it arrived outside the 2 week period? I
dont see how I can prove it . And surely it cant be as easy as just saying
it arrived too late or everyone would say it.

They have two weeks to *post* it - doesn't matter if it then takes a
millennium to arrive.

--

Ian D

#17

"sweller" <sweller (AT) mztech (DOT) fsnet.co.uk> wrote

Quote:

Paul wrote:

If you mean they need proof of receipt, then you are indeed wrong,
as you say.

You miss the point. There is plenty of case law that posting it on
day 14 is not good enough.

Then you'll be able to post a link to one?

I doubt it - an acquaintance of mine thought he had the same get out.
Unfortunately the court disagreed and he was stuffed. As you say,
putting it in the postal system counts as served.

The real question is: Was the OP speeding? If the answer is yes then
cough up, take the medicine and keep a sharper look out next time/hope
harder.

The speed awareness courses aren't free (£100 or so) and an SP30 doesn't
fundamentally affect insurance. I had an SP30 coupled to a six week ban,
declared it and both my bike and car insurance was only £30 or so more on
renewal.

Yebbut that's £30 per year for the next 5 years for most insurance
companies, which could be £150.

Z

#18

Zimmy wrote:

Quote:

"sweller" <sweller (AT) mztech (DOT) fsnet.co.uk> wrote in message

The speed awareness courses aren't free (£100 or so) and an SP30 doesn't
fundamentally affect insurance. I had an SP30 coupled to a six week ban,
declared it and both my bike and car insurance was only £30 or so more on
renewal.

When my wife went on one, the course cost exactly the same as the fine.

Quote:

Yebbut that's £30 per year for the next 5 years for most insurance
companies, which could be £150.

Plus all the hassle of telling them, etc. Go on a speed awareness course
and the matter's finished; no prosecution, no paperwork, just an
afternoon being patronised. Most people probably have the sense to
realise that, but some are too proud of their driving skills to lower
themselves to such a level.

#19

On 27 Oct, 10:22, Willy Eckerslyke <oss108no_s... (AT) bangor (DOT) ac.uk> wrote:

Quote:

Zimmy wrote:
"sweller" <swel... (AT) mztech (DOT) fsnet.co.uk> wrote in message
The speed awareness courses aren't free (£100 or so) and an SP30 doesn't
fundamentally affect insurance. *I had an SP30 coupled to a six weekban,
declared it and both my bike and car insurance was only £30 or so more on
renewal.

When my wife went on one, the course cost exactly the same as the fine.

Yebbut that's £30 per year for the next 5 years for most insurance
companies, which could be £150.

Plus all the hassle of telling them, etc. Go on a speed awareness course
and the matter's finished; no prosecution, no paperwork, just an
afternoon being patronised. Most people probably have the sense to
realise that, but some are too proud of their driving skills to lower
themselves to such a level.

I do not know what I am taking about like, but do not insurance
companies ask if you have any driving convictions, not if you have
points? So I would expect to have to tell them about a speeding
ticket that resulted in a speed awareness course as much as if it
resulted in 3 points.

#20

"Paul" <Paul1232hssspam (AT) hotmail (DOT) com> wrote

Quote:

Paul Cummins wrote:
In article <f207e5tfarcl7d1br4n0r1i5q790k5cs0n (AT) 4ax (DOT) com>,
iandalziel (AT) lineone (DOT) net (Ian Dalziel) wrote:

If you mean they need proof of receipt, then you are indeed wrong, as
you say.

You miss the point. There is plenty of case law that posting it on day 14
is not good enough.

Then you'll be able to post a link to one?

Nicholson v Tapp

Quote:

The OP could easily argue that they did not post it in time to arrive "in
the normal course of post" before day 15, and thus it was not served -
his rebuttal of their presumption should be sufficient.

No, you miss the point - you are just wrong - take a trip to uk.legal if
in any doubt.
Courts are quite happy to accept fact it was posted as 'served'.
They have 14 days to procees the demand and stick it in the post, whether
the driver gets it or not is another matter - eg all the lease cars where
it bounces around from leasing company, to company secretary of users
works, and finally to driver. Do you suggest that if its delayed in the
internal mail its invalid?

Until the NiP has been properly served to whoever details are held at DVLA
it's irralevant who the driver is at this stage. The 14 days only applies to
the inital NiP.