Speeding Fine - car noted as goods vehicle?

TooManyPoints

Unlikely to be a plate misread:

For the record, I’m not looking for a loophole, or a challenge in court. 
I accept I was speeding and will pay a fine & points, 

The OP will not "bottom this out" with the DVLA before he receives whatever offer the police make him. As I said, it does not matter what the DVLA records show; it's what the vehicle actually is that will determine what limits it is subject to. He needs to wait until then and make enquiries of the police if he is not offered a course.

Car_54

TooManyPoints said:

Unlikely to be a plate misread:

For the record, I’m not looking for a loophole, or a challenge in court. 
I accept I was speeding and will pay a fine & points, 

The OP will not "bottom this out" with the DVLA before he receives whatever offer the police make him. As I said, it does not matter what the DVLA records show; it's what the vehicle actually is that will determine what limits it is subject to. He needs to wait until then and make enquiries of the police if he is not offered a course.

I can see no point in waiting. The NIP is clearly wrong, and it seems unlikely that the police will pick up the error, so the OP should point it out ASAP.

Rover_Driver

Car_54 said:

I can see no point in waiting. The NIP is clearly wrong, and it seems unlikely that the police will pick up the error, so the OP should point it out ASAP.

If the enquiry is delayed until just after 14 days, is that not too late for a corrected NIP to be issued?

Car_54

Rover_Driver said:

Car_54 said:

I can see no point in waiting. The NIP is clearly wrong, and it seems unlikely that the police will pick up the error, so the OP should point it out ASAP.

If the enquiry is made just after 14 days, is that too late for a corrected NIP to be issued?

Good question. One for the experts at pepipoo.com, I think.

It would almost certainly mean a visit to court, when the options of a course or FP have been lost.

williamgriffin

Rover_Driver said:

Car_54 said:

I can see no point in waiting. The NIP is clearly wrong, and it seems unlikely that the police will pick up the error, so the OP should point it out ASAP.

If the enquiry is delayed until just after 14 days, is that not too late for a corrected NIP to be issued?

Does it need to be corrected? 

I would suggest that given it's a lease vehicle and the op is not the registered keeper the offence was more than 14 days ago. 

Rover_Driver

It could already be after 14 days, need to be sure. The OP has a NIP for exceeding the speed limit for a goods vehicle, apparently the vehicle in question is not a goods vehicle, so it needs to be after 14 days as a correct NIP for speeding would then be timed out.

TooManyPoints

If the enquiry is delayed until just after 14 days, is that not too late for a corrected NIP to be issued?

There is no need for a corrected NIP. The NIP plays no part in any proceedings which may follow. It is simply a notice which must be provided by law. It has to inform the recipient of the nature of the alleged offence and the time and place where it is alleged to have taken place. Nothing more. So "Exceeding the speed limit in the High Street, Anytown at 10am on 1st July 2020" will suffice. It does not have to mention the alleged speed or the prevailing limit and the detail being discussed here does not have to be provided on the NIP. Only the first NIP (usually to the Registered Keeper) is actually required under the Road Traffic Offenders' Act. Where the recipient of the first NIP is not the driver, any that are sent subsequently are provided out of courtesy (and usually because they are printed on the same piece of paper as the Section 172 notice requesting the driver's details).

Car_54

I don't think it's that simple. The only NIP required by law is the first one, sent (usually) to the RK. What the OP has now received is simply a s172 request, to which he must respond. Is the precise wording of the original NIP now relevant?

Whatever, fighting that could be a costly business.

Manxman_in_exile

Grumpy_chap said:

Biggus_Dickus said:

There’s a conflict somewhere that needs bottoming urgently;... in the DVLA records?;...or perhaps a simple clerical error on the part of the Rozzers?...who knows.

And to verify the photos that it is actually the OP's vehicle, not a Transit with similar number plate and a smudge of mud that was incorrectly read by the computer.

I think I'd ring them up and explain that I'm concerned that there seems to be some confusion here.  The NIP states that the vehicle exceeding the limit is identified as a "goods vehicle" but my car with that reg. no. is a passenger car according to my V5C.  Can they check the photo and confirm the number plate read and make and model of car?  I'd also be asking for a photo "...to help identify the driver..." (and indirectly the vehicle).

It's not clear to me if the OP is denying speeding, denying being there at all or just questioning if the mis-classification of their vehicle assists in escaping a fine*.  Depending on what he finds out and what he knows, he still needs to respond to the s172.

*I suspect that by itself it doesn't

EDIT:  Sorry - just realised OP is not denying speeding - just querying significance of the error.  In the circumstances I think I'd still like to see a photo or ask the ticket office to double-check.  The OP may be being too harsh on themselves thinking they were speeding!

Rover_Driver

TooManyPoints said:

If the enquiry is delayed until just after 14 days, is that not too late for a corrected NIP to be issued?

There is no need for a corrected NIP. The NIP plays no part in any proceedings which may follow. It is simply a notice which must be provided by law. It has to inform the recipient of the nature of the alleged offence and the time and place where it is alleged to have taken place. Nothing more. So "Exceeding the speed limit in the High Street, Anytown at 10am on 1st July 2020" will suffice. It does not have to mention the alleged speed or the prevailing limit and the detail being discussed here does not have to be provided on the NIP. Only the first NIP (usually to the Registered Keeper) is actually required under the Road Traffic Offenders' Act. Where the recipient of the first NIP is not the driver, any that are sent subsequently are provided out of courtesy (and usually because they are printed on the same piece of paper as the Section 172 notice requesting the driver's details).

According to the OP's first post, the NIP received is for exceeding the speed limit for a goods vehicle, not for a speed limit offence. Although it is a lease car, as long as 14 days has elapsed, it would be too late to serve a valid NIP, which would be required for  the conviction for a speeding offence, (s.1, (c) (ii), Road Traffic Offenders Act 1988.