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Guess what
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just discussing wether it falls under the 14 day rule.

I literally cannot remember who the hell was riding my bike 5 months ago!
 
There is an article here:

http://www.motorlawyers.co.uk/procedure/notice_of_intended_prosecution.htm

It says that if the date of the NIP was after 14 days you can reject it. I wouldn't be banking on it but it might be worth doing some research before you cough up.

A few months to serve a NIP is taking the p!$$.

If the officer has reported at the side of the road then this is a verbal NIP so this negates the need to send one through the post within 14days.
Due to the offence being summary only the penalty will have to be completed within 6 months, as they have sent you the offer they have complied, the options are pay the fine or elect to go to court, with the plate on the bike and in the photos, i have no doubt that the magistrates will find with the police then you have a fine and court costs.

The 14day applied when you have not been stopped at the time of the offence, if the police show that they have been efficient but the NIP has not made it in the 14days then it can still be served after the 14days.
 
just discussing wether it falls under the 14 day rule.

I literally cannot remember who the hell was riding my bike 5 months ago!


The problem with offering this as a defence is they will prosecute you =under section 172 of the road traffic act, fail to give details of driver? if you then elect a driver that was not insured at the time you will be looking at use cause permit offences and face the same penalty as the rider.

The law and procedures are written so that this can not be used as a get out.
 
The problem with offering this as a defence is they will prosecute you =under section 172 of the road traffic act, fail to give details of driver? if you then elect a driver that was not insured at the time you will be looking at use cause permit offences and face the same penalty as the rider.

The law and procedures are written so that this can not be used as a get out.
The thing is they've given me a CoFP and not an S172 asking me to name the driver. I have 1 month to fill in my CoFP. After that the 6 month is up.

It appears they are aware they are running out of time and they are trying to get you to pay up. If you have never named yourself as the driver, it's likely they don't actually have anything that would stand up in court with regards to the identity of driver, and they are just taking a punt.

If they had served you a S172 notice and then you waited the full 28 days before replying, any CoFP offer taht followed would time out. I'd be tempted to ignore the request to pay up and see what happens.
 
It was more than likely you riding the bike, it states "Photographic evidence or evidence of a police officer/speed detection device" So doesn't mean who ever was on it was stopped.
 
It was more than likely you riding the bike, it states "Photographic evidence or evidence of a police officer/speed detection device" So doesn't mean who ever was on it was stopped.

if you were not stopped then doesn't it fall into the 14 day rule?
 
if you were not stopped then doesn't it fall into the 14 day rule?

This is incorrect, if you were not stopped i.e. camera or cctv footage then they have 14days to serve a NIP, you then have 28 days to reply with the details of the driver, if you don't reply then you are looking at prosecution under 172 RTA. If the police have posted the NIP to the keepers address within the 14 days then they have complied. this often occurs with the company car driver or hire car drives. The first NIP sent to the company who id the driver and then a second NIP sent out, this still complies.

If you have not had a NIP for this date then they must have stopped you obtained your details and reported you at the road side, the removed the need for the posted NIP as you have been identified as the rider at the time and the NIP issued verbally at the time of the offence.

Most forces have now gone down the route of verbal NIP at the road side rather than a ticket at the road side, this allows the force to offer driver improvement schemes for relevant offences rather than just a road side ticket. However a numberplate offence will not trigger the driver improvement scheme, so you options look to be ask to see the evidence, pay the fine or elect for court and take your chances claiming not to be the rider.
I have know it where a warrant has been done to confirm the identity by seizing the kit the rider was wearing at the time of the offence to prove who it was.
 
After checking through facebook (5 months ago) I managed to find out what happened that day, I was pulled over and dealt with by way of given a VRN that I completed and handed into my local station the same day.

2 things, how can they now escalate it to a FPN instead of a VRN that I've completed.
also, they have sent me the incorrect fine, at the time of the offence the FPN was £60, it was only mid august that it went up to £100.
 
If you have complied with the VRN then they should not have sent you a ticket.
Do you have any of the paperwork from the VRN? I would write in stating these facts, did you have to produce your docs when you produced the VRN as there is more chance that this has been recorded as well as the VRN?

If you send a letter in stating that you complied with the VRN and get a letter from the testing station that completed the form at for the VRN i bet then they will drop it, if not then with the letter from the tested and the tester at court to say you complied then i think CPS would not runs trial.
 
Yeh I produced my documents the same day and had the VRN stamped by the local MOT place. So the police station will almost certainly have it logged.
 

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