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Speeding, but ticket sent after 14 days!, Is this still valid??
jnc90
post Sun, 12 Apr 2009 - 11:08
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Hi,

Yesterday on the 11/04/09, I received a speeding ticket for doing 66 in a 50! Usually I'd shut up and pay it but I'm in my first 2 years and the nature of me getting caught was taking the micky!

It was a 70 on the M6 that went to a temp limit of 50 and as soon as I saw the sign I saw the camera!!! No time to stop at all!

However like I said ticket came yesterday, the header says it was sent on the 09/04 and the offense was on the 23/03!
So it was sent out 17 days after and received 19 days after! However the twist is it was a hire car on behalf of my company! Can I still get out of this with a solicitors letter to explain it was outside of 14 days??

Any advice on how to avoid this, cos I really can't afford 3 points now, would be much appreciated!

Many thanks!

Josh
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post Sun, 12 Apr 2009 - 11:08
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Glacier2
post Mon, 13 Apr 2009 - 22:38
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Why?

There is no person of that name at your address?

It would have helped if you did not open the envelope.
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jnc90
post Tue, 14 Apr 2009 - 06:51
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QUOTE (Glacier2 @ Mon, 13 Apr 2009 - 23:38) *
Why?

There is no person of that name at your address?

It would have helped if you did not open the envelope.


Okay so u think that it would be okay ust to send it back in an envelope saying person not know at this address?

My mother actually opened it because we still get mail for the people who lived there before us and sometimes random stuff for people who have never lived there lol.

Welll back in work today so I'll have a word with my manager see what she says! What do u think will happen once I've sent it back saying that??

Thanks
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jnc90
post Tue, 14 Apr 2009 - 10:24
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Right, I already have a thread for this but its full of a lot of information and advice, which is great but thought it would be easier to clarify in a new thread.

So had a ticket in a hire car which my manager leased on my behalf. The NIP contains my managers name but my address which is why it came to me.

I have been advised to return it saying person not known at this address. I have a few questions about this...

a)if I do so do I put my manager at risk of further penalties?
b)do I risk any further penalties cos I know the person but I'm sending it back which may seem like I'm trying to avoid it?
c)what do u think the next step taken by the police will be?
d)will they just invsetigate further and send me a new NIP with my name do u think?

Thanks a lot!
Josh
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Fredd
post Tue, 14 Apr 2009 - 10:34
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We have a "one case, one thread" rule for a very good reason - to avoid wasting everyone's time gleaning the information they extracted in the previous one!


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jnc90
post Tue, 14 Apr 2009 - 10:38
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QUOTE (Fredd @ Tue, 14 Apr 2009 - 11:34) *
We have a "one case, one thread" rule for a very good reason - to avoid wasting everyone's time gleaning the information they extracted in the previous one!


okay my bad, thanks! smile.gif
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jnc90
post Tue, 14 Apr 2009 - 12:14
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Well my manager said just send it back so I'll try that and see what happens! smile.gif

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Glacier2
post Tue, 14 Apr 2009 - 12:19
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I assume you are sending it back as not known at this address?

Most likely they will send a fresh NIP to the company.
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jnc90
post Tue, 14 Apr 2009 - 12:33
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QUOTE (Glacier2 @ Tue, 14 Apr 2009 - 13:19) *
I assume you are sending it back as not known at this address?

Most likely they will send a fresh NIP to the company.


Yeah thats what I'm planning!

Do u mean to my copmany or the hire comapny?

If it does go to my company well they be in trouble?? Or will it just come back to me?
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Glacier2
post Tue, 14 Apr 2009 - 13:00
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They will send a new NIP to whoever put down the managers name at your address.
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jnc90
post Tue, 14 Apr 2009 - 13:09
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QUOTE (Glacier2 @ Tue, 14 Apr 2009 - 14:00) *
They will send a new NIP to whoever put down the managers name at your address.


okay cheers, I'm guessing that'll be the hire compny then!
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jnc90
post Mon, 27 Apr 2009 - 09:26
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Still haven't heard anything else after sending this back, but I've bee told that I may be eligible for the Speed Awareness course as I am 18. My mnagare said that her son was doing a similar speed and he was my age and was offered the course. There was no mention of it on the NIP, is there still a chance they'd let me go down this route if I asked?

Thanks,
Josh
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nemo
post Mon, 27 Apr 2009 - 09:37
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QUOTE (jnc90 @ Mon, 27 Apr 2009 - 10:26) *
My mnagare said that her son was doing a similar speed and he was my age and was offered the course. There was no mention of it on the NIP, is there still a chance they'd let me go down this route if I asked?

Unlikely, IMHO.

SACs tend to be offered for speeds of up to a maximum of 10% plus 6mph in excess of the posted limit. At an alleged 66mph in a 50mph limit, you are above this threshold.
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jnc90
post Mon, 27 Apr 2009 - 10:37
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QUOTE (nemo @ Mon, 27 Apr 2009 - 10:37) *
QUOTE (jnc90 @ Mon, 27 Apr 2009 - 10:26) *
My mnagare said that her son was doing a similar speed and he was my age and was offered the course. There was no mention of it on the NIP, is there still a chance they'd let me go down this route if I asked?

Unlikely, IMHO.

SACs tend to be offered for speeds of up to a maximum of 10% plus 6mph in excess of the posted limit. At an alleged 66mph in a 50mph limit, you are above this threshold.



Okay thanks for thereply? Am I able to request it tho, maybe phone and ask or send it back asking or would that risk a heavier fine?

Thanks again
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desktop_demon
post Mon, 27 Apr 2009 - 10:51
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I don't think you will risk a heavier fine by just asking BUT an alleged offender has no prerogative to request a course as opposed to a fine/summons. AFAIK the speed awareness course is given at the discretion of the local Chief Constable or the person delegated by him to handle such decisions. They follow guidelines and if there is space on a course and you fit the conditions then you're in. Usually....


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jnc90
post Tue, 28 Apr 2009 - 07:43
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QUOTE (desktop_demon @ Mon, 27 Apr 2009 - 11:51) *
I don't think you will risk a heavier fine by just asking BUT an alleged offender has no prerogative to request a course as opposed to a fine/summons. AFAIK the speed awareness course is given at the discretion of the local Chief Constable or the person delegated by him to handle such decisions. They follow guidelines and if there is space on a course and you fit the conditions then you're in. Usually....


How would I go about asking, send the ticket back, unsigned with a note or asking over the phone?
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The Rookie
post Tue, 28 Apr 2009 - 11:48
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Sending the driver nomination form back with a polite letter, although personally your so far outside most forces offering of a SAC (+10%+6mph as ACPO in 30 and 40 only) I think you have less chance than nil!

Simon


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jnc90
post Thu, 7 May 2009 - 18:44
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - March 2009
Date of the NIP: - 42 days after the offence
Date you received the NIP: - 43 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M5 Motorway between J4A - 4 (SP), M5 Junction 4A - 4 Northbound
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Not known
If your are not the Registered Keeper, what is your relationship to the vehicle? - Hire car, taken out for myself by my employer.
How many current points do you have? - 0
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - I believe but I am not sure as there were many camera's and average speed checks in the area but I think that I was driving on the M5 and suddenly noticed roadworks so looked for a temp limit and started to slow, however when I spotted temp limit of 50, had no time to brake as camera was very close to the 50 sign (caught doing 66)

NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - No
Is the NIP addressed to you personally? - Yes
Although you are not the Registered Keeper, were you the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - No
As you were not responsible for the vehicle, somebody else has named you as the driver. Were you driving? - Yes
Which country did the alleged offence take place in? - Wales

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • The law requires you to provide the information requested in the Section 172 notice within the 28 day period, naming yourself as the driver. If you are considering obtaining formal legal advice, do so before returning the notice.

    You should note that there is nothing to be gained by responding any earlier than you have to at any stage of the process. You are likely to receive a Conditional Offer of a Fixed Penalty (COFP) and further reminder(s). If you want to continue the fight, you should ignore all correspondence from the police until you receive a summons. You need to understand from the outset that while you will receive much help and support from members on the forums, you will need to put time and effort into fighting your case and ultimately be prepared to stand up in court to defend yourself.

Generated by the PePiPoo NIP Wizard v3.3.2: Thu, 07 May 2009 19:38:51 +0100

Sorry for this essay but please read if you can help it will be very appreciated!!!

Right then, this came back 2 days ago! Now got my name and address on it!
Still looking at possibly avoiding this which sounds awful I know but I only got 6 points to play with and my job kinda depends on me driving so ur help will be very appreciated!

I have been advised to do one of several things;

a. this one sounds dodgy to me but a few people have told me that my best bet is to ignore it and they police often don't chase up as its my first ever conviction, some friends have had success with this, thoughts??
b. ask to go on SAC, however how would I go about doing this and do I risk further fines?
c. Try to delay for 6 months, i.e. ask for photo's and camera calibrations etc. Its already been 1 and a half months since offense, after 6 is it true I can't get be prosecuted? Again a friend has done this successfully twice, if I was to do this do u think it would be better through a solicitors letter?


Sorry for the essay but your help is greatly appreciated! smile.gif

Josh
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nemo
post Fri, 8 May 2009 - 18:31
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QUOTE (jnc90 @ Thu, 7 May 2009 - 19:44) *
I have been advised to do one of several things;

a. this one sounds dodgy to me but a few people have told me that my best bet is to ignore it and they police often don't chase up as its my first ever conviction, some friends have had success with this, thoughts??

For an alleged 66mph, ignoring the request is risky IMHO. And if convicted, you would face 6 points, a fine of £300 upwards, court costs, Victim Support Surcharge of £15, MS90 endorsement on your licence.

QUOTE (jnc90 @ Thu, 7 May 2009 - 19:44) *
b. ask to go on SAC, however how would I go about doing this and do I risk further fines?

At the last time of asking (26.03.2009), West Mercia did not offer SACs as an alternative to penalty points.

QUOTE (jnc90 @ Thu, 7 May 2009 - 19:44) *
c. Try to delay for 6 months, i.e. ask for photo's and camera calibrations etc.

That course of action will carry the same risk of prosecution for failing to provide as ignoring the s.172 request.
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TheCat
post Fri, 8 May 2009 - 18:36
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Does your form include a "Conditional Offer of Fixed Penalty"?

West Mercia used to bundle this in with the NIP.


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jnc90
post Sat, 9 May 2009 - 11:17
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Cheers Nemo! Thanks for the advice, I think the ignoring thing is out the window then and not to sure bout the delay thing but I will most probably ask for the SAC, worth a shot I guess!

And to the above it does say conditional offer in a few places on the form, on the first one which a sub heading just above where it explains the maximum fine etc. , and the second form is titled ACCEPTANCE OF CONDITIONAL OFFER.

Do u think this affects anything then?

Thanks a lot!


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