Please help ,
I had a speeding ticket come through in November for a speeding offence witch happened in July. I went on to a site that deals with speeding ticket letters and reply with one stating that they need to get back to me within 14 days and that there was a 4 month gap . They replied to me saying they had been sending it to 53 Kings road rather than 33 Kings road as the dvla gave them this address and it wasn't till they went to do court prosidings that they got told it was 33 kings road and sent it out to me in November . can any one help i know i need to reply but just don't know what to say not been able to find any thing on this ????????
Edited by Pugugly {P} on 08/02/2008 at 20:03
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What did you actually get in November (and since for that matter) ? a NIP ?
a summons? For the speeding or for failing to provide details?
What have you given them so far?
Sounds interesting - DVLA presumably had the correct address?
I would have thought you have a strong case that you are not in a position to say who was driving the car six months ago. Unless they can prove that it was you....(photos?)
So I would think that you have had a lucky escape. But I'm not an expert. What did pepipoo say?
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I got a nip on the 21/11/2007 and a reminder on 27/12/2007 and then replyed to them it is a summons for speeding but they did not state in the letter recived recently what they would be taking me to court for just that they would start proceedings .
All i have sent them is a letter I got from another web site stating the dates i got the letter the time in between in days and when i should of got the letter . and they replied saying that they sent it in time but to the wrong address .
They had the right address its on my driving licence for the last 4 years and the car log book was sent to that address a year before the ticket come through .
Not checked pepipoo yet .
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Did the DVLA have your correct address all the time? If so, then you may have a case as it could be the camera partnership's fault (even though they're saying it was the DVLA).
If the DVLA didn't have your correct address, then there's probably nothing you can do, as they had the reasonable expectation that the address was correct and that it would be delivered in time.
Pepipoo - a motorists legal advice site - would be able to help you better, so go over there for some decent advice.
forums.pepipoo.com/
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The DVLA had my correct address of 33 king's witch my driving licence and log book and insurance is held at . they have ever read it wrong or been told wrong for number 53 with is 10 doors away i would go and ask if they recived it but they dont speak any english at all . not check forums.pepipoo.com/
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Please enter the following number as digits only (e.g. for "One thousand and fifty six" you would enter 1056): Ninety-six thousand three hundred and seventeen
96307
I am putting this in to forums.pepipoo.com/ and it wont let me sign up any clues ?
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96317
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i think i might be a bit dislecsic lol
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53 ? 33? i think i might be a bit dislecsic lol
Now we know. Either you, or both you and the person at DVLA/speeding-ticket office.
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I promise you they said in there letter they sent it to 53 its late i know that is no exciuse i have now posted it on pepipoo thank you for your help will keep you posted
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To prosecute an offence of speeding the authorities have to serve a Notice of Intended Prosecution within 14 days ignoring the date of the offence. This is merely a peice of paper informing you of the possibility of proceedings so that you are aware and can recall and taken any action necessary.
It has to be served on the driver, where known, or the Registred keeper of the vehicle.
It can be served personally or by any of the Post other than second class to his last known address. If second class then NOIP invalid.
The NOIP has to be posted in such time so that it is received in the normal course of the post before the 14days have expired. Outside this time - invalid ,so posting on the last post on 13th invalid if received on 16th day.
In this case if the Poster is the Reg keeper of the vehicle involved - what is the address shown on V5 ?
If the correct address is shown then Camera Partnership at at fault by sending to wrong address which is NOT his last known address (unless there has been a change of ownership around the time of the offence) even if the NOIP is served in time.
If the incorrect address is shown on V5, this will be the address of the DVLA Register for the vehicle. In sending the NOIP to this address (wrong) it may be claimed that the CP have shown due diligence because they were supplied with these details from DVLA.
For the offence of speeding to go ahead at Court then an Information (details of offender/offence) has to be laid within 6 months of the offence otherwise another no go.
Once the Information has been laid then a summons can be issued and served at any time after 6 months. The date the Information was laid will appear on the Summons.
If the procedure in relation to the NOIP has not been followed as outlined above and a Summons has been received then consideration should be given to entering a Not Guilty plea and details of the illegalities in relation to the NOIP, with the evidence (evidence on oath) put before the Court. It will be for the prosecution to try and negate and then for the Magistrates to make their decision.
Suggestion that you should run what you have through a Solicitor who should advise.
CAB have a free session.
dvd
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Please enter the following number as digits only (e.g. for "One thousand and fifty six" you would enter 1056): Ninety-six thousand three hundred and seventeen 96307
96317
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I have to say I would take the view that it is incorrectly served. This is the NIP to the RK, I dont see how they can start to take action for speeding unless you have returned the NIP or otherwise informed them that you were the driver.
If they are taking action for failure to return the nip (and I would guess that this is the case) Is that S172 or something? then you point out that it was not your fault that the nip was not correctly served. Informing the RK months later is unreasonable - are there other people who drive your car? either partner or friends (who must of course be covered by insurance)? How is the RK to remember who drove on a given day or where the car was on that day?
I would see them in court.
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May I humbly suggest you are confused Adverse Camber.
When flashed, SCP make enquiry of DVLA register to get RK details and then send out:
1. Notice of Intended prosecution with time limit and requirement as above post
(See Section 1 Road Traffic Offenders Act 1988). The idea of this, as stated, is to remind a driver that proceedings are being contemplated and so they can recall the incident and take any steps necesssary i.e. consult a Solicitor. Once correctly served that it is. There is no requirement to return etc. Fact served in time will be mentionedf in Court.
2. Also sent out is a request under Section 172, Road Traffic Act, 1988, to provide details
of the driver. There is no time limit on sending this form out. It does however have to
be returned within 28 days with then information and duly signed. Failure to do so is an offence - 3 points plus fine.
Once S172 from RK names driver is received by SCP or is admitted by him then they send out a Conditional Offer - £60 3 points.
It appears that there is common misconception that NOIP and 172 are one and the same - they are not but seperate items.
Poster lives at 33 so once 172 received at that address then technically it has to be completed and returned within 28 days otherwise they can issue summons.
But you may say, NOIP is invalid as it hasn't been properly served. S 1 RTOA 88 refers to the fact that a person shall not be convicted if terms not complied with. There is still an offence committed and under S172 it states where an offence is 'alleged' to have been committed then they can go into the request mode.
If the poster is taken to Court and charged with speeding his get out is irregular NOIP.
If charged with failing to disclose driver, if they proceed despite knowing irregular NOIP, then it may be mitigation that it was irregular. Technicallly, I would submit, the offence is there.
Whether the SCP pursue such matters knowing that they are at fault will be a matter covered by their procedures. I would hope not.
dvd
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Please dont be humble DVD :) (smiley to indicate that I'm not being snide/taking the wotsit)
I respect your knowledge and experience immensely and I fully accept that you are far more likely to be correct than I am.
Touch wood, I am in the fortunate position of not yet being on the receiving end of NIPs/S172 so I have no personal experience.
As a general point I object to the requirement to nominate a driver. In this case where the first the OP knows about it is months after the event. I would be very surprised - and would consider it poor justice if the OP was done in this situation.
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In this case, could the poor bloke at 33 be done if he just ignored the documents sent to him (NIP/S172)?? and wouldn't this have alerted to SCP to an incorrect address much earlier?
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....of course you could just pay the fine and be done with it!
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Claver - the issue now is that, assuming there's more than one legit driver, there's a very real chance the the person who takes the fine + points is in fact innocent, since the Op probably can not be certain who was driving the at the time.
Edited by oldnotbold on 10/02/2008 at 09:24
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