urgent help please !!

buddy143

I received a speeding notice on the 18th March (final remainder). It says I exceeded speed limit on the M25 (I was doing 51 in a 40 mile zone) on the 22nd October 2009.
The letter was sent to an address in Birmingham where I have got a house which I am renting.
I live in Hull and my driving licence and vehicle regisration details all show my Hull address (i havent changed anything whatsoever).
My questions are 1) I should have received letter from police within 14 days normally. isnt it???
2) Why was it sent to an address in Birmingham where I havent lived at all??
3) How did they know my Birmingham address (which I am renting)??
4) whats the worst thing thats going to happen??

I am very worried as it is the first time this happened.
Please somebody advice me as to what to do??
shall I fill in the details on the form sent to me? or shall I give them a call first and find out why and howthe letter was sent to the address in birmingham (where I dont live ).
any advice much appreciated.

amersall

not an expert, but i would ring them and ask. that way you will know for sure what has happened.sorry i couldnt be of more help

Coblcris

What is the docref date on the V5C ?
Please double check that the V5C shows the correct Hull address .
I take it you live at the Hull address ?.

What is the date of the alleged speeding event ?
What date was the NIP received ?
Are you the Registered Keeper ?

HO87

The fact that there are complications in respect of the address to which your vehicle is registered and your not actually residing there (it would appear) probably means that the police have "made enquiries" and by some means identified the Birmingham address. How they have done so is neither here nor, for the moment and besides which it has now been "served" on you.

Whether the Notice of Intended Prosecution - which is what you have - was served in time or not is somewhat academic at this point because the important element of it is that it almost certainly contains a requirement, made within the terms Sec. 172 Road Traffic Act, that you provide them with details of the driver at the time of the alleged offence within 28 days of your receipt of the requirement. The fact that the document is titled "Final Reminder" suggests that the issuer(s) are minded to come after you.

You are now over that 28 day limit and I therefore recommend that you reply as soon as possible by Special Delivery supplying the details required - not forgetting to sign the form. Make sure you take copies of everything you return and use SD as it will ensure that you can prove that the document was received even if subsequently the police argue that they haven't got it.

It is possible that you may be too late already but it is well worth replying as this could mean you avoid conviction of the offence of "failure to furnish" which carries a mandatory 6 points and a hefty fine (usually £300+). You should try to avoid this as insurers tend to take a particularly dim view of this offence and its endorsement code MS90.

If your reply is accepted then, depending on the speed alleged, there is every reason to believe that you can avoid either court proceedings or a fixed penalty ticket as they statute of limitation on this offence (6 calendar months) expired today.

Do not call them - you will be wasting you time. At this stage you need to avoid the more serious offence which does not depend on any document being served "in time".

buddy143

Dear HO87,
I am the registered keeper of the vehicle. I live in Hull (since aug 2008) and the same address is there on the V5 document.and before that I lived in Bradford.
This house in Birmingham, i purchased in June 2009 and rented it straightaway. I have not stayed even a singe day. All my utility bills, bank statemtns will have hull address (where I am living since august 2008). Only the land registry address will show my name for teh property I bought in Birmingham.
The police dont need to chase my address as the DVLA (my driving licence and V5 documents) has got my hull address.
I just went today to the property in Birmingham to verify whether the tenant has any problems and he gave me the letters. To my surprise, I found this.
Also the offence was committed on the 22-10-09.
first letter was sent on the 18-02-10. final remainder was sent on
18-03-10.
Also I did not understand what you said at the end something regarding the 6 months ? can u please explain.

buddy143

Coblcris wrote: »

What is the docref date on the V5C ?
Please double check that the V5C shows the correct Hull address .
I take it you live at the Hull address ?.

What is the date of the alleged speeding event ?
What date was the NIP received ?
Are you the Registered Keeper ?

I am the registered keeper of the vehicle. I live in Hull (since aug 2008) and the same address is there on the V5 document.and before that I lived in Bradford.
This house in Birmingham, i purchased in June 2009 and rented it straightaway. I have not stayed even a singe day. All my utility bills, bank statemtns will have hull address (where I am living since august 2008). Only the land registry address will show my name for teh property I bought in Birmingham.
The police dont need to chase my address as the DVLA (my driving licence and V5 documents) has got my hull address.
I just went today to the property in Birmingham to verify whether the tenant has any problems and he gave me the letters. To my surprise, I found this.
Also the offence was committed on the 22-10-09.
first letter was sent on the 18-02-10. final remainder was sent on
18-03-10.

HO87

buddy143 wrote: »

I am the registered keeper of the vehicle. I live in Hull (since aug 2008) and the same address is there on the V5 document.and before that I lived in Bradford.
This house in Birmingham, i purchased in June 2009 and rented it straightaway. I have not stayed even a singe day. All my utility bills, bank statemtns will have hull address (where I am living since august 2008). Only the land registry address will show my name for teh property I bought in Birmingham.
The police dont need to chase my address as the DVLA (my driving licence and V5 documents) has got my hull address.
I just went today to the property in Birmingham to verify whether the tenant has any problems and he gave me the letters. To my surprise, I found this.
Also the offence was committed on the 22-10-09.
first letter was sent on the 18-02-10. final remainder was sent on
18-03-10.

Yes. I understand but this now largely irrelevant as you have been served with the document. You need to follow the advice in my earlier post as the 14-day service rule relating to the NIP has been overtaken by the fact that you may well find yourself liable for failing to reply to the requirement contained in the form. This is a more serious offence than the alleged speeding. You should reply as soon as possible.

The original speeding offence is now effectively redundant as the law requires that proceedings are initiated within 6 calendar months of the offence. We are now beyond that and you cannot now be pursued for it. The same time limit does not apply to the failure to furnish offence.

Coblcris

As above you need to avoid a S.172 issue, that is separate from the speeding.
I point out that it now the 24th of April.

sarahg1969

OP, you just need to name the driver, and then they will no doubt send you a COFP, which you can safely ignore, as they are out of time to issue a summons for the speeding offence. However, you must NOT ignore the S172 request, as that has not timed out.

buddy143

just as a follow-up.
I did give the essex police a call this morning.
I did explain the situation over the phone to a very helpful lady who said that because it is > 6 months, the case has been closed and that I dont need to worry anymore.
Thank god !!
Does that mean I saved money as well as "NO POINTS ON LICENCE". Excellent.:T

Coblcris

Do not believe the 'helpful lady' !!

The Speeding may be closed but the S.172 is still live until they get your response.
Send it in using a tracked mail service, Special Delivery is best.

A S.172 is six points and a significant fine.

You need to avoid the S.172 issue.