Originally Posted by rockape623

Arby,

On the same subject of time limits....a few years ago I was stopped and should have been done for two defective tyres (in the police defence, they WERE bald and illegal) however, after producing documents etc, I never heard anymore for some time. I let it go and for some insane reason, I telephoned said Constabulary to find out what was happening. After another lengthy delay, a Sgt. came back to me and said because the offence occurred over six months ago, and no summons had been issued...that was the end of the matter...forget about it!
Apparently, the Police have six months from the date of the offence to issue a summons and if they don`t...well, that`s it, they`ve had their chance.
This only applies for offences that can be dealt with by summons as opposed to arrestable offence, where there is no time limit.
Take it as a warning, mate but don`t worry.

I was issued a NIP in December (and reminder), which I duly filed in the bin for various reasons, for speeding.
I recieved a summons last week for failure to provide information, does this 6 month set up apply to that?
Basically I was captured by Gatso for speeding, the speed I was doing meant a fixed penalty was not an option. The point I would/will get for it mean I loose my job so I have delayed as long as possible and I'm now summonsed at the end of August
I have been summonsed just over 7 months after I should have returned the NIP

If you weren't NIP'd at the scene and never received a written NIP within 14 days, they will not proceed. However, the police only need to prove they sent the NIP to the keeper's/drivers current address within 14 days, and not that you received it. So, if you supplied a blag name/address, or have failed to notify DVLA of change of details, and they track you down,then they could proceed with the prosecution.

But of course you would never pull the wool over plod's eyes would you......!!!

The NIP was served in time. I didn't respond.
The summons to appear for failing to provide information arrived 7 months after the NIP.
What I'm trying to figure out is if they only have 6 months to summons me for failing to respond to the NIP

Originally Posted by marco_poloroid

If you weren't NIP'd at the scene and never received a written NIP within 14 days, they will not proceed. However, the police only need to prove they sent the NIP to the keeper's/drivers current address within 14 days, and not that you received it. So, if you supplied a blag name/address, or have failed to notify DVLA of change of details, and they track you down,then they could proceed with the prosecution.

But of course you would never pull the wool over plod's eyes would you......!!!

MP you cynic you. Are you a Policeman

Originally Posted by Ord_Sgt

Originally Posted by marco_poloroid

If you weren't NIP'd at the scene and never received a written NIP within 14 days, they will not proceed. However, the police only need to prove they sent the NIP to the keeper's/drivers current address within 14 days, and not that you received it. So, if you supplied a blag name/address, or have failed to notify DVLA of change of details, and they track you down,then they could proceed with the prosecution.

But of course you would never pull the wool over plod's eyes would you......!!!

MP you cynic you. Are you a Policeman

As if..... :D

Originally Posted by jagman

The NIP was served in time. I didn't respond.
The summons to appear for failing to provide information arrived 7 months after the NIP.
What I'm trying to figure out is if they only have 6 months to summons me for failing to respond to the NIP

Yes. :D
I think...
Maybe not though....
Not my strong subject, traffic

jagman as i understand it the police have to pass the details on to the court within 6 months and the court only has to summon you in a timely manner.
It would look to me that the police held out for your response for as long as they could 6 months less a day or something and the courts took a month to get the summons to you (is this timely?).

here is a Q and A on it http://findarticles.com/p/articles/m...0/ai_n16901022

I would say it does'nt look good for you.


I_G

Originally Posted by ifrits_ghost

jagman as i understand it the police have to pass the details on to the court within 6 months and the court only has to summon you in a timely manner.
It would look to me that the police held out for your response for as long as they could 6 months less a day or something and the courts took a month to get the summons to you (is this timely?).

here is a Q and A on it http://findarticles.com/p/articles/m...0/ai_n16901022

I would say it does'nt look good for you.


I_G

No it doesn't look good
After a bit of research the Police passed the case to the Magistrates a whole 2 days before the 6 months out of time expired. The summons is dated after that 6 month period but that doesn't matter.
The length of time from offence (2nd January) to summons is 6 months and 5 days.
Ah well, I got six months more work than I would have done had I sent the paperwork on time. Sadly I will be unemployed at the end of August :(

Don't count on unemployment yet. if your job needs you to be able to drive and you 'help' with charities and can get a letter 'proving' that there is a possibility of getting let of with a big fine. is it a instant ban or will you have accumulated too many points, also is this your first and only offense? there is also a possibility that the ban could be a short period that your employers can accept and let you take as holiday.

instant bans are never instant (hence the wait) and sometimes not bans. they are really instant referals for a court summons

I_G

Originally Posted by ifrits_ghost

Don't count on unemployment yet. if your job needs you to be able to drive and you 'help' with charities and can get a letter 'proving' that there is a possibility of getting let of with a big fine. is it a instant ban or will you have accumulated too many points, also is this your first and only offense? there is also a possibility that the ban could be a short period that your employers can accept and let you take as holiday.

instant bans are never instant (hence the wait) and sometimes not bans. they are really instant referals for a court summons

I_G

I already have 3 points for Failure to Provide Information from a couple of years ago (still valid)
The points for this offence are now 6 (I would have got at least 6 points for the speed I was doing anyway apparently)
Conviction for this one will take me to 9 points, I work as a driver (through an agency but one steady employer) and the maximum points their insurance will allow is 6, hence I've delayed it as long as possible.
In some ways I would be better off with a months ban or similar (I think)
In the hands of the Magistrates I would think. Luck of the draw I guess