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Speeding fine wrong details
Hi, i was caught speeding34 in a 30 zone,all good , should have watched what i was doing rather than chatting.problem is that the company car owners have sent me a notice saying that the police have asked for details and they have sent thm my address.
I checked as I didnt get anything through and thay have sent it to the right house and street but wrong postcode.Its litterally miles away(75)
Do i just sit and wait or do i contact and stick my hand up ? Am i at risk of breaking the law further?
Comments
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Presumably its your employer thats provided the wrong postcode? Its going to go away so I'd suggest contacting them and finding a way forward.
"You've been reading SOS when it's just your clock reading 5:05 "0 -
well you risk being in trouble with the police and your employer so it's best to get this sorted.
a small error in the details isn't going to get you off the hook.
34 in a 30 is likely to be a speed awareness course so at the lower end of punishments, but if you try to evade it then it will be a lot worse, and you risk getting into trouble at work too.
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If you do nothing, you will probably end up with a conviction for failing to provide driver's details. That means six points on your licence and a large fine etc.
Best to head it off now, rather than trying to undo it all later.
BTW when you do get the NIP I'm pretty confident it will be for 35 mph or more, not 34.
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When did your employer receive the NIP? There are a couple of potential problems here. The first is that you may get charged with failing to name the driver which carries a higher penalty than the speeding offence although you should be able to defend that as the address your employers gave was incorrect.
The other problem is that any delay could loose the chance of being offered speed awareness course if you are entitled to one so get 3 points that you could have been avoided, so probable best to contact the police safety camera team to inform them of the error.
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I checked as I didnt get anything through and thay have sent it to the right house and street but wrong postcode.Its litterally miles away(75)
Can you explain that a bit more please.
Do you mean you did not and still have not received your own "request for driver's details" because it was wrongly addressed? Or was it correctly addressed but wrongly delivered? How do you know about this?
As above, the allegation is almost certainly to be speeding at 35mph or more. Not important as far as you are concerned. But interesting to me because I have never seen enforcement taken below 35mph.
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How can they get a conviction when they are not the registered keeper and its the registered keeper that has made the mistake on the postcode?
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It is worth getting whatever the employer said to you about "you've been caught for speeding, we've filled in the S172 form with your details, but put the wrong postcode" as solid evidence.
The reason being, much later down the line its possible you will be faced with a FtF (failing to furnish) charge. Normally on these its deemed to have been received if it were sent, but in your case because its a wrong address, it would be quite easy to prove it were never sent to you.
I don't believe it is possible to have a "best of 3" when filling in the S.172 stuff either, so there's not much more your employer can do. Or you really. Your employer will probably be in more trouble than you, if it doesn't get dropped.
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How do you know they sent it to the wrong address?
Presumably the lease company (is it your employer?) must have your correct address if they contacted you to say that they have passed on your details.
Or did they contact you by email and confirmed your address and you immediately spotted the error?
If you do nothing then you will eventually be charged with failing to provide your details and the original speeding. Failing to provide your details is a very serious offence, because insurers absolutely hate the offence code that goes with it (They suppose that whatever you were accused of was so serious that you'd rather take a £1000 fine and 6 points than admit to driving and face a much worse penalty).
It is usually possible to "do a deal" whereby you admit to the speeding if they drop the failing to provide the details charge, but it isn't guaranteed and you'll end up paying out more than the fixed penalty or course would originally have been for the speeding.
DO CHECK THIS WITH FTLA ==========================================================
You can defend the "failing to provide details" charge by proving that you didn't receive the request, because the lease company gave the wrong details and it must therefore have been delivered to the wrong house (note: they must have given the wrong details by themselves, despite them having the correct address on file, if you have let them put an incorrect address on file then you are skating on very thin ice, as everyone would give incorrect addresses to their lease company to avoid fines and The Court won't be impressed).
I'm not sure if this will succeed as you actually know that you should be receiving an S172, and you are aware the address given on the nomination was wrong, but I'm not sure if you have to rectify someone else's error- it is the lease company who have failed to name the driver if they gave incorrect details when they nominated you. (They'd have a defence if you supplied them with incorrect details originally, not if they just made a mistake by themselves and put a random post code)
They won't be able to get a speeding conviction either because they can't prove who was driving unless you tell them, and there is no point doing that if you aren't "doing a deal".
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On the other hand just over the threshold for prosecution would normally see you being offered a course, which carries no points (if you admit to being the driver quickly- there is a time limit on when these can be offered), so you might prefer to expedite the matter.
FWIW, I'd expedite the matter as I don't want the stress of trying to defend the "failing to provide details" even if I was pretty sure I'd win, and a course would be a good outcome.
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
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If a s172 request has been sent to the OP at the wrong address, and no-one responds, then normally a SJPN will follow in due course. In the absence of a defence (or indeed a defendant) a conviction is inevitable. At that stage, no-one would be aware of the mistake
The police can send an s172 request to "any other person" not just the RK.
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The defence is they didn't receive it, because it was sent to the wrong address - which is a much better excuse than "the dog ate my homework" which usually happens with these cases. I imagine the OP was told directly by their boss/TL, in the workplace, as a thing that came up.
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