Speeding ticket for company car driver
Comments
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The bottom line is I don't have to do everybody's job for them.
True - but the likely outcome is that:
a) a s172 requirement will turn up at some point to your current address, but by then it may be too late for a speed awareness course to be offered (if you are eligible) or;
b) paperwork continues to go to your old address and you don't respond which will end up with you being convicted of the s172 offence in your absence and getting 6 points and a large fine. You may be able to get that overturned later, but it will be a hassle (and not a certainty) and you could still be faced with the speeding charge to defend/plead to with no option of an fpn or course..0 -
The bottom line is I don't have to do everybody's job for them.
If you do nothing and find yourself in court the magistrates might accept your argument, or they might not. It's up to you whether you want to chance it - it's no skin off our noses either way.I am not the registered keeper of the vehicle. Therefore there is no evidential presumption that the notice has been served on me, therefore the prosecution have to prove that it was served on me. They have to prove this beyond reasonable doubt.0 -
Even if you are right, the fact is that if the NIP is sent to your old address, and you do not respond, you will eventually be summonsed for the s172 offfence and you will not be in court to make these arguments. You will therefore be found guilty in your absence.
You may well be able to have that cancelled and retried, or even dropped in exchange for a guilty plea to the speeding charge. However, you will have lost any chance of a course or fixed penalty: any fine will be income related, and you will also face costs and a victim surcharge.0 -
Thank you all for your considered responses. The general consensus seems to be that not doing anything carries too high risk.
I will just have to bend over and take the points and fine.0 -
Thank you all for your considered responses. The general consensus seems to be that not doing anything carries too high risk.
I will just have to bend over and take the points and fine.
Crikey that’s very negative. You haven’t even had a NIP yet and don’t know if you are going to get one.
Even if you do there is the possibility you will be offered a course rather than points and a fine.0 -
The bottom line is I don't have to do everybody's job for them.
I am not the registered keeper of the vehicle. Therefore there is no evidential presumption that the notice has been served on me, therefore the prosecution have to prove that it was served on me. They have to prove this beyond reasonable doubt.
I can put forward the argument that I updated my address with the lease car company on the day when I think the alleged offence occurred, i.e. before the police would have been requiring my address from the lease car company.
Good luck with that approach when (or indeed if) you discover a NIP was served but you didn't physically receive it because you forgot to update your address with the lease company. :rotfl:
BTW are you sure your lease company is the RK?
(PS - this all seems a bit contrived to me. The OP thinks they were flashed by a manned camera a few weeks ago...the OP had forgotten to notify the lease company until they "thought" they were flashed and then did so immediately...no mention of speed limit or what OP thought they were travelling at...yet OP will bend over and take the fine and points...for what exactly? When I got my law degree 40 years ago we had to rely on our own brains and something called a law library. We couldn't ask "randoms" on t'internet!)0 -
Thank you all for your considered responses. The general consensus seems to be that not doing anything carries too high risk.
I will just have to bend over and take the points and fine.
You write as if that’s unjust because you weren’t speeding!
I think you’ve lost track of the fact that if there was a ticket issued that’s ultimately down to your speeding, and your attempt to get out via a loophole is all well and good but doesn’t absolve you of the fact you were speeding and that any delays are pretty much your fault for not advising of change of address much earlier.
One phone call, you’ll know, and also stand a good chance of getting a speeding course and no points which as you realise isn’t better than trying your chances at amateur lawyering in magistrates Court.
.FWIW Even if flashed I understand odds are in your favour you will not get a ticket. Good luck I genuinely hope you don’t, all of us have been there. Some of us have been on speed courses0 -
I have had two speeding tickets driving my company fleet car and the boss found out first and relayed the "good " news to me.
Info will go firstly to the lease holder then onto the boss of the company hiring the lease.
Both times it was within 48 hrs of the offence which were logged by mobile traffic wombles.
Odds are that you wont be fined now with such a delay.
I dont know if its true but I ve read that most are switched off and are there for deterrent purposes.
I would have lost my licence when I steamed through an average speed camera trap (which had nt been up too long ) at well over 60 in a 50 limit on a dual carriageway. Never heard anything despite little flashes emitting from the gantry cameras
I ve seen a camera flash at me and it was snapping something alongside me ( on a dual carriageway ) or something behind.
I think they are set for something like 35 in a 30 , 45 in a 40 before triggering a photo0 -
House_Martin wrote: »Odds are that you wont be fined now with such a delay.
Why do you think that? They have 6 months, and we're only at 6 weeks0 -
House_Martin wrote: »I have had two speeding tickets driving my company fleet car and the boss found out first and relayed the "good " news to me.
Info will go firstly to the lease holder then onto the boss of the company hiring the lease.
Both times it was within 48 hrs of the offence which were logged by mobile traffic wombles.
Odds are that you wont be fined now with such a delay.
I dont know if its true but I ve read that most are switched off and are there for deterrent purposes.
I would have lost my licence when I steamed through an average speed camera trap (which had nt been up too long ) at well over 60 in a 50 limit on a dual carriageway. Never heard anything despite little flashes emitting from the gantry cameras
I ve seen a camera flash at me and it was snapping something alongside me ( on a dual carriageway ) or something behind.
I think they are set for something like 35 in a 30 , 45 in a 40 before triggering a photo
Is about the only useful thing you have said, it’s not about what you think or have heard.0
This discussion has been closed.
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