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Xmas Speeding
Halfpipe
post Sun, 16 Feb 2020 - 16:07
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I have been caught doing 88mph on a motorway in a company vehicle by a camera on the 11/12/19.

The company received the Notice of Intended Prosecution on the 4/1/2020, the Notice had the date of 2/1/2020.

Under my reckoning that’s over the 14days as stated under section 1 of the Road Traffic Offenders Act even with a couple of days for xmas.

Is it worth arguing?
Any advise greatly appreciated
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post Sun, 16 Feb 2020 - 16:07
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The Rookie
post Sun, 16 Feb 2020 - 16:13
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Is the company the registered keeper? More likely it’s on a lease and the lease company are the registered keeper.

Find out first, then decide if you have a case at all.

If the company say they are the registered keeper, ask for a copy of the V5c....... many say they are and then prove they are not!

Christmas doesn’t add any days......

This post has been edited by The Rookie: Mon, 17 Feb 2020 - 07:02


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andy_foster
post Sun, 16 Feb 2020 - 16:14
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Remind me, what does s. 1 RTOA 1988 say about your employer receiving a NIP within 14 days (BTW there are no extra days for Christmas, postal strikes, or other unforeseen eventualities)?

[Hint, the issue is (almost certainly) about whether or not they are the Registered Keeper]
[Hint#2, they are (almost certainly) not the Registered Keeper, the vehicle is leased and the actual RK is probably a finance company]


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Halfpipe
post Sun, 16 Feb 2020 - 16:55
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Cheers for the responses, I forgot to mention on the original post, the original offence was on the M6 motorway southbound near Stafford. The gantry wasn’t showing any change in speed limit. (I know this has Nothing to do with the original question)

I have the original NIP which was filled in with my details and sent off to Stafford, which I have then received the NIP in my name and I have filled that in confirming I was the driver at the time and sent it back to them.

I’ll find out tomorrow who the registered keeper is, as I have asked previously and been told the company bought the vehicle. If the company own the vehicle is this easily contested?
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Logician
post Sun, 16 Feb 2020 - 17:17
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QUOTE (Halfpipe @ Sun, 16 Feb 2020 - 16:55) *
I’ll find out tomorrow who the registered keeper is, as I have asked previously and been told the company bought the vehicle. If the company own the vehicle is this easily contested?


Owning the vehicle and being the registered keeper are not the same thing. The information from companies on this topic is very unreliable, the transport dept may operate the vehicles so as far as they are concerned they are the registered keeper, and anyway it is none of your business, but the finance people may have acquired the vehicle on a lease so actually the leasing company are the registered keeper, and other variations. Unless you see the V5C with your company's name on it believe nothing.



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The Rookie
post Mon, 17 Feb 2020 - 07:04
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Gantry cameras enforce the national speed limit as well, so the gantry doesn’t need to be showing anything for you to be caught speeding.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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Halfpipe
post Thu, 27 Feb 2020 - 08:11
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Just a quick update, I’ve been chasing my work to show me the V5, they have all the V5’s apart from the one from the van I was driving at the time.

They also say they own all the vans and they are not leased.

But as there is no definitive proof of that, I’m going to have to take it on the chin and pay the fine.

Thanks for the comments
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nosferatu1001
post Thu, 27 Feb 2020 - 08:15
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Or talk tothe DVLA and see who the registered keeper is?
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cp8759
post Thu, 27 Feb 2020 - 08:18
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QUOTE (nosferatu1001 @ Thu, 27 Feb 2020 - 08:15) *
Or talk tothe DVLA and see who the registered keeper is?

+1, DVLA should be able to tell you over the phone (or not, if your company isn't the RK they won't tell you a thing due to data protection).


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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