Parked car written off, recommend a replacement please!

[Pontoneer]

True, but note that it is considered 'delivered' if the prosecution can prove that it was sent on time.

Indeed , but there have been many cases where the courts now take the opposite position .

 

[Spider10]

This is crazy.

I’ve just received a letter from Bromley magistrates court telling me that because I was driving at 24 mph in a 20 mph zone at 7.15am on a bright Sunday morning in April they are going to relieve me of £574 and give me 3 points in return!!

If you've only received a letter know even if you did acknowledge you were driving at the time it will be thrown out of court as you cannot get prosecuted after 6 months have passed ,I had exactly this happen to me at 104mph

 

[Pontoneer]

If you've only received a letter know even if you did acknowledge you were driving at the time it will be thrown out of court as you cannot get prosecuted after 6 months have passed ,I had exactly this happen to me at 104mph

The problem is that he has already been convicted in his absence , so he first has to get the judgement set aside , after which the case can be heard again , at which point if he shows the NIP was not received in time ( 14 days if not stopped at the roadside , 6 months if stopped by an officer , who would normally give you a ticket there and then ) , and providing you had not failed to give DVLA your correct address ( unlikely as he has received the recent letter ) then the case will most likely be thrown out .

 

[Pontoneer]

There is also the little matter that , for 20mph limits , there is no specification for accuracy of vehicle speedometers at 20mph , so a driver has no legally specified method of knowing with any degree of accuracy whether he is doing 20 or indeed 24 mph .

The construction & use regs only specify that a speedometer must begin to indicate something at 15 mph , but the specification for accuracy of +10/-0% only begins at 25mph .

Without any legally recognised method of knowing when one is travelling at 20mph , there is a compelling argument against prosecutions for these low speeds . Even using the ACPO guideline of 10% +2mph , a speed of 24mph is right on the edge of the margin , and given no way of accurately measuring these speeds , all such cases must be thrown out .

Even if one were driving at 25mph , ( the lowest speed theoretically enforceable ) at which speed the speedometer could legally indicate 27.5mph , and you then apply the ACPO guideline of +10% +2mph , one could be travelling at 29.5 mph before any action ought to be taken .

The whole notion of 20mph limits , which as they stand can be nothing more than advisory , needs to go to a test case .

 

[Spider10]

This is what I received within the 14 day period

 

[markjay]

Indeed , but there have been many cases where the courts now take the opposite position .

Were not in disagreement, and indeed I pointed out that a defendant may be able to convince the court that the NIP was indeed not received.