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Speeding PCN contesting

frugalfiz
frugalfiz Posts: 60 Forumite
Ninth Anniversary 10 Posts Combo Breaker
edited 4 December 2021 at 6:13PM in Motoring
Do I have a valid reason to contest Notice of intended prosecution due to the timing please?  Thanks

Speeding offence exceeding 70pmh on motorway on 16 September.
Business received NIP within 14 days and replied online with drivers name.
Driver received a reminder sent on 17 November saying they had not received drivers details.
As Speeding Unit never answer the phone, an email was sent 22 November asking why reminder sent as we had provided details of driver
Email received 4 December from Speeding Unit said they could see that the driver details had been provided and they issued the driver a new NIP on 27 October (which was not received)

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Comments

  • DB1904
    DB1904 Posts: 1,240 Forumite
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    frugalfiz said:
    Do I have a valid reason to contest PCN due to the timing please?  Thanks

    Speeding offence exceeding 70pmh on motorway on 16 September.
    Business received PCN within 14 days and replied online with drivers name.
    Driver received a reminder sent on 17 November saying they had not received drivers details.
    As Speeding Unit never answer the phone, an email was sent 22 November asking why reminder sent as we had provided details of driver
    Email received 4 December from Speeding Unit said they could see that the driver details had been provided and they issued the driver a new PCN on 27 October (which was not received)

    What is it you wish to contest?
  • force_ten
    force_ten Posts: 1,931 Forumite
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    why did you get a parking fine for speeding?
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    edited 4 December 2021 at 6:10PM
    frugalfiz said:
     they issued the driver a new PCN on 27 October (which was not received)

    Their system it will say it was. This will taken as fact. 
  • Sorry, I don't mean PCN, I mean notice of intended prosecution.

  • DB1904
    DB1904 Posts: 1,240 Forumite
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    frugalfiz said:
    Sorry, I don't mean PCN, I mean notice of intended prosecution.

    Which was served within 14 days so what are you contesting?
  • Can't I appeal a speeding notice then on grounds of not receiving notice of intended prosecution within the timing deadlines?  Just thought it was worth asking....
  • DB1904
    DB1904 Posts: 1,240 Forumite
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    frugalfiz said:
    Can't I appeal a speeding notice then on grounds of not receiving notice of intended prosecution within the timing deadlines?  Just thought it was worth asking....
    The only time that matters is 14 days to the registered keeper. They have six months to prosecute you. 
  • DB1904 said:
    frugalfiz said:
    Sorry, I don't mean PCN, I mean notice of intended prosecution.

    Which was served within 14 days so what are you contesting?
    The 'driver' has never received a NIP, only the business
  • facade
    facade Posts: 7,298 Forumite
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    The driver must admit in writing, with a signature that they were driving the car, no-one can do it for them.

    The registered keeper must receive a request to name the driver (S172) within 14 days of the incident. (this is the NIP) and is the only initial time related requirement.

    The keeper must reply within 28 days, either admitting that they are the driver, or naming the driver.
    The driver is then sent an S172 form (their own NIP), which they must respond to, either admitting to being the driver, or naming the driver of it isn't them.

    Failure to respond to the S172 will start a prosecution for failing to provide information (6 points and a fine)

    When the S172 is sent back by the driver, the driver will then recieve either the offer of a course, the offer of a fixed penalty, or notice that they will be going to court.

    The driver can then do the course, accept the penalty, or go to court.

    Court papers must be laid within 6 months of the date of the offence, (the original speeding, or the date that the 28 days of the S172 ran out)
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science ;))
  • frugalfiz
    frugalfiz Posts: 60 Forumite
    Ninth Anniversary 10 Posts Combo Breaker
    edited 4 December 2021 at 6:31PM
    OK, the registered keeper named the driver within 28 days
    The driver never received their own S172 but received a reminder
    Driver does not have an S172 to complete his details as it never arrived.
    Speeding unit are aware S172 not received (advised them today by email) but they are so slow and have huge backlog, not expecting a response any time soon.  Have tried to contact them to discuss but phone constantly goes to answerphone and emails take them 3 weeks to respond!  We have made attempts to respond but can't do so without an S172

    I suppose we just wait for S172 and presume they will not start prosecution as we have made every attempt to comply but if prosecuting they need to do so by 16 March 2022.  Highly unlikely I would think in the present situation of the courts

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