Speeding Fine NIP

DUTR

topdaddy wrote: »

How did you get the letter if it had a different address and name on it?

I don't know about near you, but today I had a letter from RM saying the postal sytem in the area will be changing and the usual postie may change, also a couple of weeks back (although slightly different matter) a letter arrived at mine it was the correct house number, the post code (after further checking was across the road) the name didn't fit any of the residents and the street name wasn't spelt correctly, transpires it was an energy bill for just over £3k , upon ringing the number it wasn't even connecting to the named energy company, an elaborate 'scam'? I don't know, I have seen threads of folk getting dazzled with websites to renew their driving licences and people paying for the free EU health card, so perhaps the OP's letter may not even be from the authorities? But it's a bit more risky to ignore.

Brihutchie1878

topdaddy wrote: »

How did you get the letter if it had a different address and name on it?

My name had an extra letter in, yes typo possibly. The address was 4 doors down. These basic errors made me think of scam straight away, as someone else has posted. But then to have a Reg.plate I've never driven or owned. I've checked up on the car using the reg, and I don't know anybody with that type of vehicle!

londonTiger

normally Id say a typo is not going to fly as an excuse if it gets dragged through the system.

But with so many errors, false name, false plates, false address - could pass as completely different person. Could it not?

Aretnap

AdrianC wrote: »

Nobody's saying that 14 days isn't the right time. It's how the posting time is counted that the Interpretations Act defines. And I don't know where you're getting your RTA88 sections from, but they don't tie up to the published act...

The Road Traffic Offenders Act is not the same as the Road Traffic Act.

The Interpretations Act merely created a presumption that a letter is served two working days after it was posted (first class). That presumption can be rebutted. If you have evidence to show that it was actually delivered later, it's the actual delivery date which matters, not the presumed delivery date or the date of posting. The relevant case law is Gidden. http://www.bailii.org/ew/cases/EWHC/Admin/2009/2924.html

Not that this is of any relevance if the OP wasn't driving - he has to comply with the s172 requirement regardless of when it was served by providing any information which he has which may help to identify the driver. If the only information he has is that he wasn't driving and has no knowledge of the car in question, that's how he should reply. If he does have some knowledge of the car and who owns it, he should include that in his reply.

If the OP isn't leaving anything out it sounds as if someone else has received a NIP, thought that a good wheeze for getting out of it would be to claim that someone else was driving, and has given a not very accurate version of the OP's details. If that's the case the OP's best option is to be as cooperative as possible - the police may be interested in charging the actual keeper with more serious offences than speeding.

Rover_Driver

Aretnap wrote: »

http://www.bailii.org/ew/cases/EWHC/Admin/2009/2924.html

Exactly, the question was "was the NIP served within 14 days"? - Answer "No"


The police claimed that the NIP was posted in time to be served within 14 days, but it was proved to be delayed, (so the Interpretation Act does not apply), and as it was served after 16 days, it was not valid.

AdrianC

Aretnap wrote: »

The Road Traffic Offenders Act is not the same as the Road Traffic Act.

Indeed. My apologies for my confuzzlement.

Not that this is of any relevance if the OP wasn't driving

Nor, of course, is it any relevance if the OP isn't the registered keeper of the vehicle, whether they were driving or not.

Brihutchie1878

DUTR wrote: »

It's strange the OP noticed all the errors, yet couldn't notice a big yellow gatso or such like as they ignored the preffered speed limit?

To the arrogance of Mr. DUTR. I have just rung the Central processing unit and it was confirmed that the car was of the stated Registration plate. This is a car I have never owned or driven, I have also never driven a vehicle of this particular type before. (Before people ask, it's easy to find the make and model of a car with it's reg. plate on the internet) So I am totally clear, minus filling in the s175 form. It is the police's problem to find the A hole who has tried to give false details in, and even got them wrong.

I'll take your apologise DUTR if your man enough to give them, minus the smarmy comments. To everyone else who put your tuppence worth in, thanks.

Iceweasel

I'm not making any excuses for anyones comments to you, but even now , with your edited amendments, your post #1 still does not make clear what you assumed to be clear.

Namely you did not commit this alleged offence.

I did not understand that from your first post.

Those of us who have been on this forum for some months/years see posts almost everyday from folks who have actually done what they are alleged to have done and are searching desperately for a way out.

A mispelled name, a digit wrong in the Reg Number, wrong postcode are the usual claims for their 'offence' to be thrown out.

Such minor mistakes are no defense if they actually did what they are alleged to have done.

However it seems that your case is different and you have been confused with someone else - or that someone else is trying to give your details to escape the law.

And yes of course it's very easy to find out in seconds what make and model of car any reg number appertains to.

Good luck with sorting this out.

Please keep us posted with developments, as this is very interesting with so many mistakes apparently having been made.

Brihutchie1878

Iceweasel wrote: »

Namely you did not commit this alleged offence.

I did not understand that from your first post.

I have now edited to make this clear, thanks.

anotherbaldrick

Certainly the DVLA are not immune to making faux pas . Only last week I received a letter from the DVLA with the name of one who lives 4 doors away from me (we only have house names, no numbers) with my address firmly on it. Now in the age of computerised databases just how the blue blazes did they manage to do that ? I e-mailed the DVLA about it and their explanation was as befuddled as the original event.