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Gatso advise needed

metso
metso Posts: 100 Forumite
Part of the Furniture Combo Breaker
Hello, I would appreciate some advise...

On 29Nov 2012 I was caught by camera doing 37 in a 30 zone, In a hire vehicle.

On 8th Dec I moved house.

On 16th Feb I returned to my old property to collect any mail and found a Notice of intended prosecution.

On the 17th Feb I returned the Notice of intended prosecution having identified myself as the driver.

I contacted the Traffic Criminal Justice op command unit (TCJOCU) today to find out what was going on because I am shortly to be going abroad on a 4 month job.

I was advised because I didn't respond in time relating to the first letter sent out, I would not be able to attend a speed awareness course, and will be receiving a fine.

I was somewhat surprised by this because I had informed the dvla that I had moved address within 14 days of moving.

According to the TCJOCU they have recorded the facts as follows:

29/11: traffic violation
9/12: letter to peugueot (Brand of car I was driving)
19/12 letter from Peugueot to TCJOCU
20/12 letter to Eurocar (Hire company)
23/01/14 Letter to Myself at my old address
24/02/14 receipt of my signed Notice of intended prosecution.

What I would like advise on is the Notice of Intended prosecution that I received on the 23rd Jan, returned and signed dated 17/2/2014 (Monday), which calculates at 25 days, Even if it was received by Thursday it would be 28 days, but it took them a week to enter it into the system. Do I have a case to be able to fight this. I collected proof that I send this letter on the 17th of Feb.

Also regarding the Speed awareness course does anyone know what are the specific timelines in which if you are offered such a course you can respond to... Apparently I was offered one, but I never received the letter to my old address or new address.
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Comments

  • No the nip needs to be with the registered keeper within 14 days. But if the offence took place in 2012 they are over the 6 months period for prosecution.
  • Iceweasel
    Iceweasel Posts: 4,891 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    metso - are you sure you've got the dates right?
  • forgotmyname
    forgotmyname Posts: 33,023 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    When i received a ticket some years back even though it was a company vehicle i received it within a few days.

    Why did they write to Peugeot and not the hire company in the 1st instance?

    I would have expected the 1st letter to have arrived before you actually moved. They tend not to hang about.
    Censorship Reigns Supreme in Troll City...

  • metso
    metso Posts: 100 Forumite
    Part of the Furniture Combo Breaker
    29/11/13: traffic violation
    9/12/13: letter to peugueot (Brand of car I was driving)
    19/12/13 letter from Peugueot to TCJOCU
    20/12/13 letter to Eurocar (Hire company)
    23/01/14 Letter to Myself at my old address
    24/02/14 receipt of my signed Notice of intended prosecution.

    any way the situation worsens...

    as i'm about to travel to Australia for 4 1/2 months and will need a car to travel to work.

    Apparently they sent me the Conditional Offer of Fixed penalty
    yesterday 25/2/2014 and I've yet to receive it.

    If I sign this and send of my license togther with the form, there is no guarantee I will receive my license back in time which will be difficult in regards hiring a car in Australia.

    If I don't send this off, then the case will go to court and in will be dealt with in my absence.

    I really don't know what to do now...

    Do I send it off or leave it to go to court....
  • metso
    metso Posts: 100 Forumite
    Part of the Furniture Combo Breaker
    Iceweasel wrote: »
    metso - are you sure you've got the dates right?

    On 29Nov 2013 I was caught by camera doing 37 in a 30 zone, In a hire vehicle.

    On 8th Dec 2013 I moved house.

    On 16th Feb 2014 I returned to my old property to collect any mail and found a Notice of intended prosecution.

    On the 17th Feb 2014 I returned the Notice of intended prosecution having identified myself as the driver.

    Sorry i'm in a spin...
  • metso wrote: »
    29/11/13: traffic violation
    9/12/13: letter to peugueot (Brand of car I was driving)
    19/12/13 letter from Peugueot to TCJOCU
    20/12/13 letter to Eurocar (Hire company)
    23/01/14 Letter to Myself at my old address
    24/02/14 receipt of my signed Notice of intended prosecution.

    any way the situation worsens...

    as i'm about to travel to Australia for 4 1/2 months and will need a car to travel to work.

    Apparently they sent me the Conditional Offer of Fixed penalty
    yesterday 25/2/2014 and I've yet to receive it.

    If I sign this and send of my license togther with the form, there is no guarantee I will receive my license back in time which will be difficult in regards hiring a car in Australia.

    If I don't send this off, then the case will go to court and in will be dealt with in my absence.

    I really don't know what to do now...

    Do I send it off or leave it to go to court....


    You could go to Australia with your licence and ignore it at some stage your licence maybe revoked but would the authorities over there check?

    The thing is you'll return to a revoked licence and possible warrant for failing to appear.

    If it's dealt with in your absence pay the fine and reapply for your licence and you'll get it back with the points on.
  • Limey
    Limey Posts: 444 Forumite
    Do you need to send both the paper and card to the DVLA? If it's just the paper one you may well be ok hiring a car in Oz with just your photo card license, certainly worth checking out that option. I hired a car in Oz a couple of years ago and from what I recall they weren't too interested in the paper part of the license.
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker

    Why did they write to Peugeot and not the hire company in the 1st instance?

    That was the bit I noticed too. I bet the sneaky devils at Eurocar now lease the cars from Peugeot (who are on the V5c) thus masking that the car has been a rental.

    OP if you are going abroad then don't faff around pay the fine and take the points.
  • metso
    metso Posts: 100 Forumite
    Part of the Furniture Combo Breaker
    just made online payment...

    sent off the driving license, just hope I get it back before I leave...

    The car will be hired for me through a company so hopefully I only have to provide details...

    I've taken a quick photocopy before sending off...
  • Aretnap
    Aretnap Posts: 6,073 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Why did they write to Peugeot and not the hire company in the 1st instance?
    At a guess the hire company lease it from Peugeot and Peugeot are the registered keepers. It's fairly common for hire companies to lease their cars rather than own them outright.

    The NIP will have been sent to the address provided by the hire company so the address the DVLA held for him will be irrelevant.
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