Speeding ticket after 4 months

mattcbr

Hello everyone, not sure if I'm posting it under the right category so sorry, if it's wrong I've just opened my account on here.

I've received a speeding ticket on the date of 28.02.2018 for doing 37mph on a 30mph road on the date of 28.10.2017. I've read that I need to receive the ticket within 14 days of the days of the incident for it to be valid. I went today to the Police Station to ask what can be done about it and the lady from the reception found my file and said that it was sent to the previous owner (as I bought the car on the 14.10.2017) and that it took em so long to send it back to me and that I still have to show the persons that was driving the car on that date.

So in conclusion;

14.10.2017 - bought the car

28.10.2017 - went 7mph over the speed limit

28.02.2018 - received the ticket

Thank you

IamNotAllowedToUseMyName

You've fallen into the common trap of only understanding half the system.

The police have 14 days for the person identified as the registered keeper to receive the NIP. If the records are wrong, or the keeper is a hire firm, or a lease company, then they have to respond to the NIP and the police then pass it onto the next identified person, and so on until either someone confirms they are the driver, or they can show beyond reasonable doubt that they cannot know who the driver was. There are no time limits for the subsequent chain, however, you do have to be given notice of prosecution within 6 months. You cannot stall this by simply delaying a reply as you will get prosecuted for failing to identify the driver if you don't reply (they are pretty handy on doing a quick check before prosecutions expire).

What has probably happened is that the previous owner has seen that they didn't own the car on the date and thrown the NIP in the bin. The police have then chased for a response, threatening a prosecution for failing to identify the driver (6 points) which has then enthused the original receiver into replying. Then it falls to you.

Simply put, you cannot evade the ticket due to the 14 day rule (though if you can show that the DVLA was up to date at the time of the offence, then there is a chance of arguing that the police failed in their duty to use the proper information).

Car_54

You will have been given 28 days to respond naming the driver, so you may already be too late.

You need to reply NOW, and hope it's accepted, otherwise you'll be looking at a much more serious charge than the original speeding.

mattcbr

Thank you for your response and not for judging me like on some other forums people do..
I will try to contact the DVLA and ask when did the paperwork came in to their office and when did the owner of the car has been changed.
Thanks again

Johno100

mattcbr wrote: »

Thank you for your response and not for judging me like on some other forums people do..
I will try to contact the DVLA and ask when did the paperwork came in to their office and when did the owner of the car has been changed.
Thanks again

There should be an issue date on your V5c (AKA Log Book).

DoaM

As above, check your V5C document.

Car_54

mattcbr wrote: »

Thank you for your response and not for judging me like on some other forums people do..
I will try to contact the DVLA and ask when did the paperwork came in to their office and when did the owner of the car has been changed.
Thanks again

OK, but you still need to nominate the driver ASAP.

Note that the 14-day rule applies only to the NIP, but not to the section 172 request (asking for the driver's name) which normally comes with it. You are at or over the 28-day limit for that.

mattcbr

Car_54 wrote: »

OK, but you still need to nominate the driver ASAP.

Note that the 14-day rule applies only to the NIP, but not to the section 172 request (asking for the driver's name) which normally comes with it. You are at or over the 28-day limit for that.

I've already sent a letter to the police station saying that I don't know who the driver was at that time as it is too far away for me to remember to to investigate.
I'm up to a point where I will be able to accept the £100 fine but I'm not willing to take the 3 points to be added to my driving licence.

How I can go around this ?

mattcbr

I'm trying to find on my V5C where is the date showing up that DVLA registered me as the owner - can anybody help where to look for it?

TonyMMM

mattcbr wrote: »

I'm trying to find on my V5C where is the date showing up that DVLA registered me as the owner - can anybody help where to look for it?

Next to DocRef No.... bottom of page 2. That is the date DVLA updated its records, which is what counts.

If you have already replied saying you can't identify the driver then the usual outcome will be a court appearance for the offence of "failing to nominate" which carries an automatic 6 points, a large fine, and a heavy impact on future insurance. At that point, the speeding offence and who was driving is no longer relevant.

A contested trial also carries significant costs if you lose.

There is a defence that may be used - which is that that you were unable to name the driver, and couldn't with reasonable diligence identify who it may be. Courts take a lot of persuading on this, so just saying "don't know" will not be enough. The delay in the documents will be a big help, but what else have you done to try and work it out ? - how many possible drivers were there etc. ?

mattcbr

Thank you.
I've found it.
On mine it says that the DVLA registered me as a new owner on the 07/12/2017. Is that anything at all that I could use on my defense or that will help not at all?