Speeding: Failure To Respond To Fixed Penalty

simonwalsh

So, today I got a letter informing me I was speeding in November last year, and have been caught, and issued a court summons for June.

I admit, I do recall the incident as is recorded in the evidence of going 36mph in a 30 zone.

However, I have been asked to go to court over it for a) the offence, and b) failure to acknowledge who was driving/pay fixed penalty.

Now the second part of that sticks in my craw. I was never offered a fixed penalty to pay, I'd have remembered it, and indeed payed it straight away accepting whatever it was (likely 3 points and/or £60).

I sit here now reading through the statement from the policeman who examined the camera, and it says in there they sent repeated letters with no response... to an address I've never lived at! No wonder I didn't respond!

Where do I go from here then? I should have pretty good grounds for an appeal, no?

Much help appreciated!

scotsbob

simonwalsh wrote: »

I admit, I do recall the incident as is recorded in the evidence of going 36mph in a 30 zone.

You have an excellent memory. I don't think I could remember a speed I was doing 6 months ago.

You actually remembered doing 36mph in a 30 mph zone. Just out of interest do you remember all your speeds for that journey?

Did the fixed penalty notice go to an address you lived at previously? If so you have a duty to notify change of address.

Thinking of an appeal is a bit presumptious, you haven't been found guilty yet. Good luck with your defence.

rs65

simonwalsh wrote: »

and it says in there they sent repeated letters with no response... to an address I've never lived at! No wonder I didn't respond!

Is the car registered to you at your address?

simonwalsh

scotsbob wrote: »

You have an excellent memory. I don't think I could remember a speed I was doing 6 months ago.

You actually remembered doing 36mph in a 30 mph zone. Just out of interest do you remember all your speeds for that journey?

Did the fixed penalty notice go to an address you lived at previously? If so you have a duty to notify change of address.

Thinking of an appeal is a bit presumptious, you haven't been found guilty yet. Good luck with your defence.

1. No, I don't recall the exact speed, but I do remember a camera flash on a particular road, roughly at time of year as I thought it was a 40 road at the time. Obviously turns out it wasn't/isn't, however with nothing coming through the post, I thought I was in the clear or mistaken about the speed I was doing.

The speed of 36 in a 30 is on the charge sheet.

2. The address listed is not a previous address of mine, and I don't even know where that street is.

simonwalsh

rs65 wrote: »

Is the car registered to you at your address?

Yes, I've got the license and insurance to prove it. They have attached photocopies of letters sent to the wrong address, and the right address, but given the fact I have never received either, I'd imagine there's a good chance the envelopes all said the incorrect address.

pendulum

If they have sent the NIP to the wrong address without good reason, ie they have ballsed it up, then there is a very good chance you are not liable for either offence.

IF the car was properly registered to you (V5), and they've made an admin mistake which meant the NIP wasn't properly served, that's their fault.

Get on over to pepipoo.com

simonwalsh

pendulum wrote: »

If they have sent the NIP to the wrong address without good reason, ie they have ballsed it up, then there is a very good chance you are not liable for either offence.

IF the car was properly registered to you (V5), and they've made an admin mistake which meant the NIP wasn't properly served, that's their fault.

Get on over to pepipoo.com

I've just posted on pepipoo too, thanks.

The car is registered to this address. I've had the car for nearly a year, and lived at this house for nearly 2 years.

They've the right name, house number and town. The wrong street and post code.

I've two letters, one to the 'wrong' address and one to the 'right' one, and I have received nothing at all until this letter came today summonsing me to court over it.

I'm inclined to believe that having sent the letters/notices to the 'right address' may have have the right wording on the letter, but not the envelope. As said, I've never heard a peep about this until now.