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Late notification of intended prosecution

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  • Retrogamer
    Retrogamer Posts: 4,218 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    but as to the driver is it reasonable to remember who was driving your car back in May ?

    Reasonable or not, he'll be looking at 6 points and a big fine if he doesn't.
    All your base are belong to us.
  • ChumLee
    ChumLee Posts: 749 Forumite
    separate offence , speeding is one offence , failing to name a driver is a separate and more costly offence


    I suspect the reg doc to throw some light on this,


    what date did he buy the car


    and more importantly , what is the date that is shown in the V5?


    if this "gap" is about the time of the offence , the police will have written to the last owner , who might have been the garage (or not) then the garage , before arriving on his mat


    Maximum fine for speeding £2500.
    Maximum fine for failing to name driver £1000.

    You're on a roll today.
  • tberry6686
    tberry6686 Posts: 1,135 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    ChumLee wrote: »
    Maximum fine for speeding £2500.
    Maximum fine for failing to name driver £1000.

    You're on a roll today.


    It's very rare for a speeding offence to reach a fine that high but the costs for S.172 offence are generally much higher (often due to the large increase in insurance costs with this offence on your licence) so I see where Freddy is coming from with this.
  • EssexExile
    EssexExile Posts: 6,460 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Photogenic
    He needs to look at where the offence occurred, the time of day and any other info he can think of to work out who it was. There is a possible defence if he can show that he can't name a driver, but courts set the bar for that one very high.
    If there really is no way of knowing who the driver was this is a good defence, if it's just a ploy prosecutors & magistrates have heard it all before & will see through it.
    Maximum fine for speeding £2500.
    Maximum fine for failing to name driver £1000.
    Depends where the speeding was. The likely fine for speeding is lower, depends on speed.
    Tall, dark & handsome. Well two out of three ain't bad.
  • ChumLee wrote: »
    Maximum fine for speeding £2500.
    Maximum fine for failing to name driver £1000.

    You're on a roll today.



    gosh I have a stalker , read the post above this , someone will explain to you "why" I used the remark that the fail to name driver is a more serious offence


    and please stalk someone else
  • ChumLee
    ChumLee Posts: 749 Forumite
    gosh I have a stalker , read the post above this , someone will explain to you "why" I used the remark that the fail to name driver is a more serious offence


    and please stalk someone else

    You made a comment about cost not which is more serious and it was wrong.

    Some may say speeding is more serious than failing to name as there is a risk of injury associated to that.
  • ChumLee
    ChumLee Posts: 749 Forumite
    EssexExile wrote: »
    Depends where the speeding was. The likely fine for speeding is lower, depends on speed.


    Correct, but the maximum sentence for speeding isn't less.
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    Fill the s172 in, reject the conditional offer and await a summons.
    NIP is out of time and the case will be struck out
    I do Contracts, all day every day.
  • ChumLee
    ChumLee Posts: 749 Forumite
    Fill the s172 in, reject the conditional offer and await a summons.
    NIP is out of time and the case will be struck out

    Don't list to this.

    Another case of bad advice as he's clueless about law.
  • Retrogamer
    Retrogamer Posts: 4,218 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Saying you can't remember who was the driver isn't going to be a good defence.

    Giving proof you were out the country when the offence occurred, you left your keys in the house and naming all the people who would have had access to those keys whilst you were away is a better defence but with how high they set the bar for getting out of naming a driver i wouldn't be surprised if that didn't stick either.

    As for the person suggesting to reject the conditional offer, i wouldn't recommend it as it's possible that due to the dates the car changed keepers on the V5 this is what caused the delay and the 14 day rule is no longer applicable.
    All your base are belong to us.
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