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Really need advice - partner's speeding tickets

24

Comments

  • whitewing
    whitewing Posts: 11,852 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    There is absolutely no point in worrying unless the tickets arrive (you can still research a bit).
    :heartsmil When you find people who not only tolerate your quirks but celebrate them with glad cries of "Me too!" be sure to cherish them. Because these weirdos are your true family.
  • vansboy
    vansboy Posts: 6,483 Forumite
    Part of the Furniture 1,000 Posts
    Sorry he has been unfortunate.

    And I can see how difficult things must be for you both just now if he's resorted to this work.

    Some people may find it acceptable as a means of income, but generally it will be a high pressure from the control centre and low pay at the end of it.

    Even experienced drivers can get caught out in an unfamiliar vehicle and an unknown road. It does need maximum concentration.

    Hopefully he will only have the one possible event and can take the course.

    Then find another form of income.

    VB
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Did it come to you directly, or through your husband's employer?

    A NIP needs to be received within 14 days of the alleged offence to be valid, which is why I ask.

    <sigh> No, it doesn't. It needs to be sent to the REGISTERED KEEPER in time for their to be a reasonable expectation of receipt within fourteen days.

    A couple of days before the first of March, the odds are that a car being driven by a trade-plater was brand spankin' new, quite likely on 15-plates, and be registered to a lease company. The lease company will have passed it to their customer, who will have said "We hadn't taken possession at that time", and passed it back to the lease company, who will have passed it to the transport company, who will have passed it to the driver. If the supplying dealer contracted the transport company, then add another link to the chain. Each of those steps has 28 days to respond. Each of those steps involves the NIP being sent back to the issuer with the contact details for the next-most-likely person on it, and there is then up to 14 days for a new NIP to be issued. It's more of a surprise it's come through so quickly, tbh.
    You also might want to ask your question on http://forums.pepipoo.com/ where you will get specialist advice.

    Thank you for such a fine illustration of the typical pepipoo "expertise".
  • Car_54
    Car_54 Posts: 8,896 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    AdrianC wrote: »
    <sigh> No, it doesn't. It needs to be sent to the REGISTERED KEEPER in time for their to be a reasonable expectation of receipt within fourteen days.

    A couple of days before the first of March, the odds are that a car being driven by a trade-plater was brand spankin' new, quite likely on 15-plates, and be registered to a lease company. The lease company will have passed it to their customer, who will have said "We hadn't taken possession at that time", and passed it back to the lease company, who will have passed it to the transport company, who will have passed it to the driver. If the supplying dealer contracted the transport company, then add another link to the chain. Each of those steps has 28 days to respond. Each of those steps involves the NIP being sent back to the issuer with the contact details for the next-most-likely person on it, and there is then up to 14 days for a new NIP to be issued. It's more of a surprise it's come through so quickly, tbh.

    True, except (1) The law does not mention "reasonable expectation" of receipt: it MUST be served within 14 days. If posted 1st class it is deemed to have been served 2 days later unless proved otherwise.

    (2) There is no 14 day limit to sending 2nd and subsequent NIPs. In practice they will be sent ASAP, as the clock is ticking towards the six-month cut-offfor prosecution.
  • Thanks for the replies.

    It's just going to have to be a waiting game. Fingers crossed he doesn't get more. As I said he's been driving a long time and never previously gotten a single point. It's just with the unfamiliar cars (often very new and powerful) he may have been going quicker than he realised.

    The company is quite a small one, and is very good to him in terms of manageability and pay. I think they were able to trace the ticket back relatively quickly as quite often he'll be the only person driving the car in months, or ever.
  • whitewing
    whitewing Posts: 11,852 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    He wouldn't necessarily lose his job if he got banned (eg for a short while), if he could get someone else - relative/friend - to take him everywhere. It happened at our work once and the chap got his wife to drive him around for a few weeks and took some holiday. His wife wasn't best pleased and I think the company decided he'd been punished enough!
    :heartsmil When you find people who not only tolerate your quirks but celebrate them with glad cries of "Me too!" be sure to cherish them. Because these weirdos are your true family.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Car_54 wrote: »
    True, except (1) The law does not mention "reasonable expectation" of receipt: it MUST be served within 14 days. If posted 1st class it is deemed to have been served 2 days later unless proved otherwise.
    Because there's no requirement for PROOF of delivery, a reasonable expectation is all that's required - as you say, "deemed to have been served".
  • GabbaGabbaHey
    GabbaGabbaHey Posts: 1,107 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    AdrianC wrote: »
    <sigh> No, it doesn't. It needs to be sent to the REGISTERED KEEPER in time for their to be a reasonable expectation of receipt within fourteen days.
    The requirements of Section 1 of The Road Traffic Offenders Act 1988 require the police to serve the NIP in such a way ("by sending it by registered post, recorded delivery service or first class post addressed to him at his last known address") as to be received by the RK within 14 days (and non-receipt of the NIP is a valid defence to the offence). This is enshrined in the legislation and there is no mention therein of "reasonable expectation".

    Hence my question about whether the NIP had arrived directly or had been routed via the employer. I assumed that most people on here would have been smart enough to understand why I was asking this question - you obviously don't fall into that category, sighs or no sighs.
    AdrianC wrote: »
    wibble wibble wibble
    Irrelevant conjecture which adds nothing.
    AdrianC wrote: »
    Thank you for such a fine illustration of the typical pepipoo "expertise".
    I rarely, if ever, answer questions over on pepipoo, leaving it to the experts over there to respond. Mind you, even the tea boy over there seems to have a better grasp of the matter than you do.
    Philip
  • redpete
    redpete Posts: 4,738 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I don't know what to do. Like I said, he's always had a clean license and it might just be minor speeding he's caught for.
    Very little you can do except make sure he accepts the option to take the course. Apart from that you can just wait to see if any more tickets come through.
    loose does not rhyme with choose but lose does and is the word you meant to write.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    (and non-receipt of the NIP is a valid defence to the offence).
    No, it isn't.
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