Inconsistent dates Options

[dookie92]

Hi guys,

was wondering if someone can help? So my brother who is the primary insurance holder on the vehicle received a letter in the post regarding a speeding ticket (which was mine). The issue date states 29/12/2020 as attached and highlighted. The contravention happened on the 09/12/2020 as per the letter so it has exceeded the 14 day period in which they have to get in contact as per FAQ.

I have logged onto the online form to investigate the pictures and traffic cameras and it states on the online form some strange dates (see attached). First one being that the notice was issued on the 14/12/2020. We haven't received any letters or correspondence anywhere near that date and the first one we received was on the 29/12/2020.

Upon looking into the dates more, the fact that it shows 'new driver nomination' on the 30/12/2020 is strange too. I assumed that they may have got the RK wrong and it had been issued somewhere else but shouldn't the date say 29/12/2020 rather than 30/12/2020?

My brother had then changed the letter over to me as I was the one in which the offence is being charged to on the 07/12/2020 hence the reason for that date.

Do I have any grounds to challenge this PCN as the dates seem to be very confusing and by the looks of it, it has exceeded the 14 day period for them to charge the PCN as per FAQ.

Any advice will be greatly appreciated.

Regards,

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[NewJudge]

First of all you don't have a PCN. You have a Notice of Intended Prosecution (a NIP) and a request for driver's details. You must respond to the request regardless of any issues you have with the dates of the NIP as it is not subject to any time limits. Failure to do so sees you commit a separate offence which carries six points.

Who is the Registered Keeper of the vehicle? Only the first NIP (usually to the Registered Keeper) is subject to the 14 day limit.

EDIT: I notice you say your brother passed the notice to you. He should not do that. Only the recipient should respond to the request for driver's details so the above applies to him.

This post has been edited by NewJudge: Sun, 24 Jan 2021 - 22:44

[notmeatloaf]

N.B. You are the registered keeper if you have the physical logbook with the correct address on, and have done since the date of the offence OR it is a Motability car,

[The Rookie]

While the dates seem confusing, they are of themselves possibly explainable.

What seems clear is that the first NIP went to someone other than your brother, is he (and was he at the time) the registered keeper, check the registration document (V5C) for name and address and at the bottom of page 2 is a document reference and date, that is the date DVLA last updated the keepers details, when was that?

[dookie92]

Thanks for all the replies guys.

Just one more question, if the option isn't there to take a course on the NIP, does that mens the option is there at all and I have to take accept the penalty of £100 and 3pts on the licence even if this is my first offence in 6+ years?

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[Logician]

Thanks for all the replies guys.

Just one more question, if the option isn't there to take a course on the NIP, does that mens the option is there at all and I have to take accept the penalty of £100 and 3pts on the licence even if this is my first offence in 6+ years?

The alleged speed of 59mph in a 40mph limit is too fast for a course to be offered. Your previous clean record has no relevance.

[NewJudge]

Have you decided that the date issue which you raised in your OP is no longer a problem?

[dookie92]

While the dates seem confusing, they are of themselves possibly explainable.

What seems clear is that the first NIP went to someone other than your brother, is he (and was he at the time) the registered keeper, check the registration document (V5C) for name and address and at the bottom of page 2 is a document reference and date, that is the date DVLA last updated the keepers details, when was that?

He is leading the car and I am on the insurance. My guess is the NIIP went to the lease company who forwarded it onto my brother n then onto myself.

Looks like I'll have to pay it and take the 3pts, thanks for the help anyway guys.

[The Rookie]

Yep, if it’s leased the lease company will almost certainly be the registered keeper.

They won’t of course have ‘forwarded’ the NIP but replied naming him as keeper.

[SatNavSam]

Don't forget, it is your brother's responsibility to fill in and return the NIP naming you. You will then get your own, which you have to fill out and return.