Can I be prosecuted? Speeding NIP

V19

Hello everyone and thank you in advance for viewing and/or helping me on this.

I am the registered keeper of a lease car, which I have had since September 2020, I live at the same address DVLA has on file for the past 30 years.

Earlier this year the following happened, which I have detailed below.

2nd June 2021 - 60mph in a 50mph on Motorway - Warwickshire Police.

Late June 2021 - I received a letter stating I had been over the speed limit and was offered the National Speed Awareness Course.

6th August 2021 - I successfully attended and completed the course offered by TTC.

7th August 2021 - I received an email from DORS stating that no further action was required and I have completed the course.

The above I believe is now all complete and history

Which brings me to my current situation.

10th September 2021 - I received a letter dated 8th September 2021

The letter stated the following:

29th July 2021 - 48mph in a 40mph zone caught on Local Traffic Order - Manned Equipment - West Midlands Police.

8th September 2021 - Date stated on letter

10th September 2021 - Date I received the letter in the post.

Number of days between incident (29th July 2021) to date stated on the letter (8th September 2021) - 41 days (=1 month and days / 5 weeks and 6 days).

Can you please confirm where I stand on this?

I can confirm I have been rehabilitated in terms of speeding as I have put my action plan into use and use my speed limiting option within my car every time I drive to ensure I don’t go over the limit.

The Government website states that if you are caught speeding “Within 14 days… you’ll be sent a NIP or Section 172 Notice”

Bedfordshire Police website states that “the initial Notice of Intended Prosecution must be posted to reach the Registered Keeper of the vehicle, by ordinary post within 14 days of the alleged offence.”

Ask The Police website states, “The NIP must be served on the driver or registered keeper within 14 days of the offence otherwise the offence cannot proceed at court… In either case, so long as it arrives at the relevant address within the time limit the notice is valid.”

 

On West Midlands Police website it states, “registered keepers of vehicles recorded speeding by cameras will be sent a notice of intended prosecution and asked to identify the driver within 14 days. Failing to respond is an offence.”

I have also spoken on live chat to West Midlands Police this morning (13th September 2021) and asked the same questions above and stated that the Government website, other police sites and WM Police site states 14 days and asked them to confirm that I was supposed to received it within 14 days - they responded saying “Yes that is correct if the website states that.”

I have screenshot and email transcript evidence of this.

As you can imagine, this offence would lead to a fine and 3 points on my license which obviously I would not like to have and I have completed the course recently so I do not have that option. As mentioned, I believe to have been rehabilitated and this notice is definitely out of the time period as stated by the law.
I understand that I first must respond to the NIP stating that I was the driver, but I was wondering what would happen next, are the able to prosecute considering the number of days passed since the offence?

boobyd

Are \ have you got the V5c?
You might be the keeper but not the owner.
I wouldn't say you have been "rehabilitated" if you were caught again(you don't seem to deny it was you speeding)

V19

boobyd said:

Are \ have you got the V5c?
You might be the keeper but not the owner.
I wouldn't say you have been "rehabilitated" if you were caught again(you don't seem to deny it was you speeding)

This second offence happened before I took my course.

Completely understand that I am not the legal owner of the car but I can confirm that I received my first offence paperwork directly to my address within the 14 day period.

ontheroad1970

boobyd said:

Are \ have you got the V5c?
You might be the keeper but not the owner.
I wouldn't say you have been "rehabilitated" if you were caught again(you don't seem to deny it was you speeding)

There is no such thing as a registered owner, and the notices always go to the registered keeper.

ontheroad1970

OP - Have you checked whether what you have received isn't a reminder?  Also as a lease car, you wouldn't be the registered keeper as far as DVLA is concerned, and that is what counts.  That would be the leaseholder.  Contact the Lease company and find out when they received it.

boobyd

ontheroad1970 said:

boobyd said:

Are \ have you got the V5c?
You might be the keeper but not the owner.
I wouldn't say you have been "rehabilitated" if you were caught again(you don't seem to deny it was you speeding)

There is no such thing as a registered owner, and the notices always go to the registered keeper.

Oops my bad,shows how I don't look at the V5c apart from my name/address on it

V19

ontheroad1970 said:

boobyd said:

Are \ have you got the V5c?
You might be the keeper but not the owner.
I wouldn't say you have been "rehabilitated" if you were caught again(you don't seem to deny it was you speeding)

There is no such thing as a registered owner, and the notices always go to the registered keeper.

This is why I am asking as I am definitely the registered keeper of the vehicle, on my first offence Warwickshire Police sent the letter to my address within the 14 day period.

Since then I have attended the course and can confirm that I am much more aware of my driving and speeds as I drive.

On this offence, which took place before I attended my Speed Awareness Course, I received the letter dated, 41 days after the offence from West Midlands Police.

V19

ontheroad1970 said:

OP - Have you checked whether what you have received isn't a reminder?  Also as a lease car, you wouldn't be the registered keeper as far as DVLA is concerned, and that is what counts.  That would be the leaseholder.  Contact the Lease company and find out when they received it.

All my paperwork from the Lease Company shows the following:

Legal Owner = Lease Company
Registered Keeper = Me.

Car_54

V19 said:

ontheroad1970 said:

OP - Have you checked whether what you have received isn't a reminder?  Also as a lease car, you wouldn't be the registered keeper as far as DVLA is concerned, and that is what counts.  That would be the leaseholder.  Contact the Lease company and find out when they received it.

All my paperwork from the Lease Company shows the following:

Legal Owner = Lease Company
Registered Keeper = Me.

Yes, but do you have the V5C in your possesion?

Car_54

V19 said:

Hello everyone and thank you in advance for viewing and/or helping me on this.

I am the registered keeper of a lease car, which I have had since September 2020, I live at the same address DVLA has on file for the past 30 years.

Earlier this year the following happened, which I have detailed below.

2nd June 2021 - 60mph in a 50mph on Motorway - Warwickshire Police.

Late June 2021 - I received a letter stating I had been over the speed limit and was offered the National Speed Awareness Course.

Can you please clarify the dates? Had you received a NIP, and nominated yourself as driver, before you received the letter in "late June"?

GrumpyDil

As everyone has pointed out the key point is does your name and address appear on the V5C.