Speeding Fine Notice Received 4 Months After Event

tonyinessex

Hi,
I was caught by a speed camera back in January going 70 in a 50 zone. (at 5am sunday morning with no cars on the road, so not too bad)

I have just received a 'Notice of Intended Prosecution' which says 'notice is hereby given that proceedings are contemplated against the driver of motor vehicle....'

My question is, shouldn't they have sent me this within a certain timeframe for them to convict me?

I only started driving 6 months ago and I didn't send anything off to the dvla when I bought my car, as I was told by the dealer that they would do it. I'm wondering if the delay was because they couldn't find me straight away..

Anyway, please advise what I should do next..?

Cheers
Tony

bargepole

tonyinessex wrote: »

Hi,
I was caught by a speed camera back in January going 70 in a 50 zone. (at 5am sunday morning with no cars on the road, so not too bad)

I have just received a 'Notice of Intended Prosecution' which says 'notice is hereby given that proceedings are contemplated against the driver of motor vehicle....'

My question is, shouldn't they have sent me this within a certain timeframe for them to convict me?

I only started driving 6 months ago and I didn't send anything off to the dvla when I bought my car, as I was told by the dealer that they would do it. I'm wondering if the delay was because they couldn't find me straight away..

Anyway, please advise what I should do next..?

Cheers
Tony

They have to send the NIP to the Registered Keeper within 14 days of the offence. But if the change of ownership hadn't gone through the system at that time, you can't use that defence.

Now that you've got the NIP, you have 28 days to send back the form with your details, confirming that you were driving. If you wait until day 26 of the 28, that will take you into June. Then, after they've received it and processed it, they should send you a Conditional Offer of a Fixed Penalty, which you have a further 28 days to accept. If you do nothing (don't phone them, don't write to them), it will be the end of July before that expires.

This should take it past the 6 months from the offence date, which means they will be past the time limit for laying information at Court for a summons. They may send you another "final opportunity" to pay the fixed penalty after that, but just ignore it, they're bluffing.

tonyinessex

Thanks a lot for that.
Any idea how I can find out when the change of ownership went through?
Cheers

violetta

tonyinessex wrote: »

Thanks a lot for that.
Any idea how I can find out when the change of ownership went through?
Cheers

After the garage informed the DVLA, you would have received a 'log book' (Registration Certificate V5C) - the four sided document with a bright blue/green first page - within a week or two.

tonyinessex

I never got that in the post.
I take it i wasn't registered as the keeper at the time of the offence then. To find out for sure, can I just ring the DVLA?

Happychappy

Sorry what's the 5am on a Sunday morning with nothing else on the road got to do with it ?

Dont you realise EVERYONE only gets done at 5am on a Sunday morning with absolutely nothing else on the road , it add's to the sympathy bit


Still it only took you 6 months of driving to realise speed limits only apply to others, and only at certain parts of the day, and only if a certain number of other vehicles are on the road, and only if the operator hasnt met his/her quota to get the holiday in mexico, and only if ......?

The 6 month "bluff" only starts when they have enough evidence to lay information. So the clock starts when your name appeared on the radar ? ooops pardon the pun ; )

tomstickland

Unhappy crappy chappy.

bargepole

Happychappy wrote: »

The 6 month "bluff" only starts when they have enough evidence to lay information. So the clock starts when your name appeared on the radar ? ooops pardon the pun ; )

Wrong, the 6 months is from the date of the (alleged) offence. See section 127, Magistrates' Court Act 1980. I would have thought a member of our esteemed guardians of the streets from discarded apple cores would have known that.

jeannieblue

If you have received the notice - they obviously know who was the owner of the vehicle at the time of the speeding offence, which I guess means that the dealer had forwarded on your details, albeit possibly late.

You got caught. Recommend that you pay up. Sorry, but you did break the law.

amcluesent

Hasn't Flintoff just been cleared of speeding as the NIP wasn't received within 14 days of the offense?

Road_Hog

amcluesent wrote: »

Hasn't Flintoff just been cleared of speeding as the NIP wasn't received within 14 days of the offense?

Correct, it was 19 days I believe.