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  • FIRST POST
    • astjon
    • By astjon 21st Mar 17, 4:38 AM
    • 15Posts
    • 2Thanks
    astjon
    Fixed penalty notice
    • #1
    • 21st Mar 17, 4:38 AM
    Fixed penalty notice 21st Mar 17 at 4:38 AM
    I was doing 35mph in a 30mph zone on my bike and knew I would get fined for it. When the Notice arrived in the post it was sent to my son, which live at the same address as I, but has different name and even a different surname. My son has never owned a motorbike, let alone my bike, and doesn't even have bike licence.
    Can I dispute this fine as it was sent to a wrong person or what should I do?

    Thank you all....
Page 1
    • marlot
    • By marlot 21st Mar 17, 5:53 AM
    • 3,114 Posts
    • 2,257 Thanks
    marlot
    • #2
    • 21st Mar 17, 5:53 AM
    • #2
    • 21st Mar 17, 5:53 AM
    I take it you've checked that the V5 is in your name, and not accidentally in his?

    Presumably the form asks you to nominate the rider?

    The best thing to do is nominate yourself? If you leave the NIP in your son's name he could end up being done for no insurance or licence?
    • Car 54
    • By Car 54 21st Mar 17, 7:01 AM
    • 2,389 Posts
    • 1,553 Thanks
    Car 54
    • #3
    • 21st Mar 17, 7:01 AM
    • #3
    • 21st Mar 17, 7:01 AM
    I take it you've checked that the V5 is in your name, and not accidentally in his?

    Presumably the form asks you to nominate the rider?

    The best thing to do is nominate yourself? If you leave the NIP in your son's name he could end up being done for no insurance or licence?
    Originally posted by marlot
    Do NOT nominate yourself. It is addressed to your son, and it is he who needs to reply.

    He simply needs to nominate you and you'll get your own NIP in due course.
    • AndyMc.....
    • By AndyMc..... 21st Mar 17, 8:11 AM
    • 730 Posts
    • 558 Thanks
    AndyMc.....
    • #4
    • 21st Mar 17, 8:11 AM
    • #4
    • 21st Mar 17, 8:11 AM
    I take it you've checked that the V5 is in your name, and not accidentally in his?

    Presumably the form asks you to nominate the rider?

    The best thing to do is nominate yourself? If you leave the NIP in your son's name he could end up being done for no insurance or licence?
    Originally posted by marlot
    He would be done as there is no evidence he was riding. He could however be done for failing no nominate the rider.
    • waamo
    • By waamo 21st Mar 17, 8:19 AM
    • 2,092 Posts
    • 2,498 Thanks
    waamo
    • #5
    • 21st Mar 17, 8:19 AM
    • #5
    • 21st Mar 17, 8:19 AM
    Who is named on the V5? Is the address on the V5 correct?

    Do not guess or make any assumptions. Have it in your hand and check thoroughly before you answer.
    This space for hire.
    • Car 54
    • By Car 54 21st Mar 17, 8:52 AM
    • 2,389 Posts
    • 1,553 Thanks
    Car 54
    • #6
    • 21st Mar 17, 8:52 AM
    • #6
    • 21st Mar 17, 8:52 AM
    The son has received a NIP (for whatever reason) and must respond, no matter what name and address is on the V5C.

    If he is named on the V5C as keeper then he is required to use reasonable diligence to identify the driver. If not, he is only required to give "any information which it is in his power to give and may lead to identification of the driver".

    In this case, the difference seems academic.
    • waamo
    • By waamo 21st Mar 17, 9:26 AM
    • 2,092 Posts
    • 2,498 Thanks
    waamo
    • #7
    • 21st Mar 17, 9:26 AM
    • #7
    • 21st Mar 17, 9:26 AM
    The son has received a NIP (for whatever reason) and must respond, no matter what name and address is on the V5C.

    If he is named on the V5C as keeper then he is required to use reasonable diligence to identify the driver. If not, he is only required to give "any information which it is in his power to give and may lead to identification of the driver".

    In this case, the difference seems academic.
    Originally posted by Car 54
    Correct.

    What I'm trying to establish is whether the person named on the V5 received a NIP within 14 days. If not why not?

    Even if they did not receive it in time it must still be responded to.

    I suspect there is an "issue" with the V5 as I strongly doubt the sons name has been plucked out of thin air.
    This space for hire.
    • Car 54
    • By Car 54 21st Mar 17, 10:11 AM
    • 2,389 Posts
    • 1,553 Thanks
    Car 54
    • #8
    • 21st Mar 17, 10:11 AM
    • #8
    • 21st Mar 17, 10:11 AM
    Correct.

    What I'm trying to establish is whether the person named on the V5 received a NIP within 14 days. If not why not?

    Even if they did not receive it in time it must still be responded to.

    I suspect there is an "issue" with the V5 as I strongly doubt the sons name has been plucked out of thin air.
    Originally posted by waamo
    Good point. Like you, I suspect there's more to this than we've been told so far.
    • astjon
    • By astjon 21st Mar 17, 3:33 PM
    • 15 Posts
    • 2 Thanks
    astjon
    • #9
    • 21st Mar 17, 3:33 PM
    • #9
    • 21st Mar 17, 3:33 PM
    Thanks for the reply guys.

    I've looked at the V5 and also called DVLA and I am the person on the V5, not my son. How they picked his name is a mystery but maybe they just mixed it up as his name and surname is opposite to mine ie
    John Smith
    Smith John
    (not our real names though)

    He is going to reply to the letter and point out to them that he is not the person on the V5 nor on the DVLA records an they would get the letter to the right person, which is myself.

    Can they send you this notice whenever they want, in 1 month or even 10 months time or does it have to be sent for a certain time.

    Once again, Thanks all
    • DUTR
    • By DUTR 21st Mar 17, 3:42 PM
    • 11,028 Posts
    • 6,270 Thanks
    DUTR
    Thanks for the reply guys.

    I've looked at the V5 and also called DVLA and I am the person on the V5, not my son. How they picked his name is a mystery but maybe they just mixed it up as his name and surname is opposite to mine ie
    John Smith
    Smith John
    (not our real names though)

    He is going to reply to the letter and point out to them that he is not the person on the V5 nor on the DVLA records an they would get the letter to the right person, which is myself.

    Can they send you this notice whenever they want, in 1 month or even 10 months time or does it have to be sent for a certain time.

    Once again, Thanks all
    Originally posted by astjon
    I understand they have up to 6 months to press charges, getting off on a technicality, seems less likely than Blues making the playoff.
    • waamo
    • By waamo 21st Mar 17, 4:20 PM
    • 2,092 Posts
    • 2,498 Thanks
    waamo
    The NIP has to be sent to the person named on the V5 within 14 days of the offence.

    If the address is wrong, say misspelt, or an old address then the 14 days goes out of the window.

    Have you recently moved or recently acquired the vehicle? Turn to the second page on the V5. At the bottom left there is a section headed "Official use only-Please do not write below this line."

    Below that is Doc Ref No then a series of numbers then a date. What is that date? Double check all the details are correct.
    This space for hire.
    • Rover Driver
    • By Rover Driver 21st Mar 17, 4:24 PM
    • 1,303 Posts
    • 594 Thanks
    Rover Driver
    Can they send you this notice whenever they want, in 1 month or even 10 months time or does it have to be sent for a certain time.
    Originally posted by astjon
    There is no time limit for serving the requirement to identify the rider - s.172, Road Traffic Act 1988.
    But the notice of intended prosecution is required (with some exceptions) to be served on the registered keeper within 14 days of the offence - s.1, Road Traffic offenders Act 1988.

    If you are the registered keeper at the time of the offence (check the date at the bottom of page 2 of the V5C), and your son sends his reply to arrive outside those 14 days, they may realise the error and not take any further action.......
    Last edited by Rover Driver; 21-03-2017 at 5:33 PM.
    • Ant555
    • By Ant555 21st Mar 17, 4:25 PM
    • 717 Posts
    • 276 Thanks
    Ant555
    Thinking laterally - could they just have the mail merge fields the wrong way round? (for whatever reason)

    If I was Mr Andrew Barrow, I was speeding and received a NIP addressed to Mr Barrow Andrew then I would not necessarily be thinking anything was wrong with the letter.
    Last edited by Ant555; 21-03-2017 at 4:43 PM.
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