Speeding Ticket

jon95

Hi Guys.

Last July I was done going over the limit in a temporary 50 limit on the motorway, having just done a speed awareness course in April, stupid.

I received the letter this morning in the post, I was surprised it took so long to get here (just over 5 months). So recently we've moved and I didn't change my V5C form address straight away. I assumed that they tries fining me within the 14 day window and sent it to my old address - but why would they take so long to send it back to me at the correct address as I updated it shortly after the fine 'should've' been received. As i said this is just an assumption, the date of issue of the notice says 27th November, could this be they are trying their luck with me? How can I find out if an initial fine was issued back at the time of the offence? 

I'm aware of a 6 month window for something, seen contrasting info about what this means...it seems convenient that they issue the fine EXACTLY 5 months after the offence, they give me 28 days to reply to this - meaning they can close this off within the 6 month period. The 6 months lapses on the 27th December, so I suppose I could reply on Christmas Eve and hope it's not picked up until the New Year?

I probably rambling and someone will tell me I have to pay the fine and get the points but I just hope someone can tell me where I stand in all this, and what rights I have.

EDIT: One point also is that I have had correspondence from this Police branch before to my current address with regards previous offence.

Car_54

What EXACTLY have you received? "Letter" and "ticket" aren't very helpful.

And what are the exact dates? You say the offence was in July, so the six months expire in January, not December.

soolin

It is extremely likely that any correspondence you have now received is a reminder and that the original paperwork was sent within the 14 days. However assuming it is a request to name the driver you do need to do that now otherwise might be facing 6 points later down the line for failure to name.

This site is a good place for more complicated responses, but read the FAQs carefully before signing up .

https://www.ftla.uk/speeding-and-other-criminal-offences/

jon95

Hi Both.

Sorry for not being very clear, I recieved a Notice of Intended Prosecution and yes you are right the 6 months would be January...not sure it's significance at all mind. Despite being January and not December, does responding at the latest possible date work in my favour?

Soolin, it mentions nothing about being a reminder, inly that I have 28 days to to nominate myself or a named person und S172...unfortunately I'm in the photos so I can't pull a fast one.

TooManyPoints

...I updated it shortly after the fine 'should've' been received. 

You've answered your own question. The police have an obligation to serve a NIP on the Registered Keeper within 14 days and they must do this by posting it to his last known address. Your last known address when they posted it was your old address.

Once they have done that they have no further obligation to send a NIP to anybody, anywhere. You are quite fortunate in that the police took the trouble to revisit your case. When they receive  no response to a "request for driver's details" many forces simply issue court proceedings against the RK for failing to respond. This is a more serious offence which carries six points.

How can I find out if an initial fine was issued back at the time of the offence? 

You can ask them. Police do not "issue fines". They firstly have to find out who was driving and they do this by means of a "request for driver's details" which accompanies the NIP. Then, if appropriate they will offer a fixed penalty. You can ask them if they sent the original NIP and request to your old address so that it would arrive within 14 days. I imagine they will say they did and they will be able to prove it.

Your only course of action is to respond to the request for driver's details. If you do so quickly they might still offer you a fixed penalty but I doubt it. Most forces work to a strict cut off of four months from the offence date (some forces work to less than that). The stronger likelihood is the next thing you will receive will be a "Single Justice Procedure Notice" informing you of court action. The police have six months from the date of the offence to do this so you may not hear until a week or so after that..

facade

You are lucky to get this chance!

They could have just prosecuted you for failing to name the driver, which is 6 points & a fine.  

As TooManyPoints says,they won't offer you a fixed penalty, as if you drag your feet over replying to that you will take it over the 6 months and they can't prosecute you.

You absolutely must respond to this request for the driver's details, name yourself unequivocally, sign it and ensure that they will receive it within the 28 days. (Remember it is Christmas, and the Post Office publicise that they can't be mithered with delivering in a reasonable time scale.)

Most likely your paperwork is sitting in a pile for Immediate Action so as soon as they receive it they generate Court paperwork inside the 6 months.

What you can do is send it back as late as you dare within the 28 days, and hope they don't generate the Court paperwork in time, what with the Christmas party and everything.

(Make certain that you have irrefutable proof of posting as you may need to fight a "Failing to name the driver" charge if they don't process it in time)