Fixed penalty notice

Options
astjon
astjon Posts: 15 Forumite
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....
«1

Comments

  • marlot
    marlot Posts: 4,934 Forumite
    Name Dropper First Anniversary First Post
    Options
    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
    Car_54 Posts: 8,213 Forumite
    First Anniversary Name Dropper First Post
    Options
    marlot wrote: »
    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?

    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.....
    AndyMc..... Posts: 3,248 Forumite
    Combo Breaker First Post
    Options
    marlot wrote: »
    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?

    He would be done as there is no evidence he was riding. He could however be done for failing no nominate the rider.
  • waamo
    waamo Posts: 10,298 Forumite
    First Post First Anniversary Name Dropper
    Options
    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.
  • Car_54
    Car_54 Posts: 8,213 Forumite
    First Anniversary Name Dropper First Post
    Options
    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
    waamo Posts: 10,298 Forumite
    First Post First Anniversary Name Dropper
    Options
    Car_54 wrote: »
    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.

    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.
  • Car_54
    Car_54 Posts: 8,213 Forumite
    First Anniversary Name Dropper First Post
    Options
    waamo wrote: »
    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.

    Good point. Like you, I suspect there's more to this than we've been told so far.
  • astjon
    astjon Posts: 15 Forumite
    Options
    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
    DUTR Posts: 12,958 Forumite
    First Anniversary Name Dropper First Post
    Options
    astjon wrote: »
    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

    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
    waamo Posts: 10,298 Forumite
    First Post First Anniversary Name Dropper
    Options
    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 discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards