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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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nemo
post Sun, 12 Apr 2009 - 23:48
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QUOTE (jnc90 @ Mon, 13 Apr 2009 - 00:42) *
But it could be used as a delay tactic yes??

Not necessarily, no.

The 28 day response 'clock' is not automatically suspended, reset or extended simply because dialogue has been entered into between the recipient of a s.172 request and the SCP. Of course, the SCP may well offer an unofficial extension if they perceive the correspondence to be genuine, but they are certainly under no statutory obligation to do so.

QUOTE (jnc90 @ Mon, 13 Apr 2009 - 00:42) *
best way I see round this is getting the NIP I have now back to them as late as possible, then using all different queries such as the 14 day thing, photo's, callibration of camera, not enough notice of temp speed limit.....

Whilst there is nothing stopping you from asking for all manner of information from the SCP, they are under absolutely no obligation to provide you with copies of anything at this stage.

And if they consider you to be on a fishing trip, then they are likely to cease communication forthwith.
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Glacier2
post Sun, 12 Apr 2009 - 23:52
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The 28 day clock continues to run regardless.

If you dick around with the SCP expect a summons as their response.
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neil3841
post Sun, 12 Apr 2009 - 23:53
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14 days is a non starter and likely to alart the scammers you are up for a fight. Have your manager send it back so it arrives on day 26-27 then wait for a nip in your name once you have it do the nip wizard and we can carry on from there

Oh yes and send all correspondance recorded at the minimum spaical is better the police have been known to not recieve things that are sent first class

This post has been edited by neil3841: Sun, 12 Apr 2009 - 23:56
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jnc90
post Sun, 12 Apr 2009 - 23:56
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okay thanks a lot all, I'll do that, and get her to send it recorded, first class on say the 25th day, now is that the 25tt day from the date on the letter or when i received it??
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neil3841
post Sun, 12 Apr 2009 - 23:58
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the 28 days start on recieving but send it from the date on the letter who knows how long your boss had it before you recieved it
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jeffreyarcher
post Mon, 13 Apr 2009 - 02:25
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QUOTE (nemo @ Sun, 12 Apr 2009 - 18:40) *
he may also receive a summons for failing to provide driver details (an offence which carries 6 points and a sizeable fine upon conviction).


QUOTE (jobo @ Sun, 12 Apr 2009 - 21:55) *
6 points might see the manager banned and loose his job


Tsk, tsk. rolleyes.gif
1) The manger won't be summonsed, the company will (assuming that it's addressed to a company), and
2) No points if the manager is replying on behalf of a company.
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jnc90
post Mon, 13 Apr 2009 - 11:37
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Right dun think I've made this clear enough, my mistake!

for some reason it never went to my manager so I'm guessing I can count the date I got it as the start of the 28 days??

However the header had my managers name and my address, not sure why??

Spoke to a solicitor y'day who has had 2 tickets recentlyand escaped both by delaying for 6 moths! Do I rsik further punishment if I try this??

Thanks again! smile.gif
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Glacier2
post Mon, 13 Apr 2009 - 11:55
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QUOTE (jeffreyarcher @ Mon, 13 Apr 2009 - 03:25) *
QUOTE (nemo @ Sun, 12 Apr 2009 - 18:40) *
he may also receive a summons for failing to provide driver details (an offence which carries 6 points and a sizeable fine upon conviction).


QUOTE (jobo @ Sun, 12 Apr 2009 - 21:55) *
6 points might see the manager banned and loose his job


Tsk, tsk. rolleyes.gif
1) The manger won't be summonsed, the company will (assuming that it's addressed to a company), and
2) No points if the manager is replying on behalf of a company.

Was it not standard practice to sting the company secretary's licence for any S172 points?
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southpaw82
post Mon, 13 Apr 2009 - 12:05
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Glacier, take a look at the entry in Schedule 2 to the Road Traffic Offenders Act 1988. Points are not applicable to offences committed by a body corporate. The only way an officer of the company could have their licence endorsed is if they were convicted of the offence as well, either as a principal or accessory.


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jeffreyarcher
post Mon, 13 Apr 2009 - 12:32
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QUOTE (Glacier2 @ Mon, 13 Apr 2009 - 12:55) *
Was it not standard practice to sting the company secretary's licence for any S172 points?

Do yo have any examples of this? It certainly seems to be a widespread urban myth.

QUOTE (southpaw82 @ Mon, 13 Apr 2009 - 13:05) *
The only way an officer of the company could have their licence endorsed is if they were convicted of the offence as well, either as a principal or accessory.

Exactamundo; and that can't happen merely by virtue of his company secretaryship, or under the connivance / negligence provisons of S172 (for the company's S172).

QUOTE (jnc90 @ Mon, 13 Apr 2009 - 12:37) *
for some reason it never went to my manager <...>
However the header had my managers name and my address, not sure why??

Summat wrong here.
If it was addressed to him, how did he not get it?


This post has been edited by jeffreyarcher: Mon, 13 Apr 2009 - 12:28
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Glacier2
post Mon, 13 Apr 2009 - 12:45
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QUOTE (jeffreyarcher @ Mon, 13 Apr 2009 - 13:32) *
QUOTE (Glacier2 @ Mon, 13 Apr 2009 - 12:55) *
Was it not standard practice to sting the company secretary's licence for any S172 points?

Do yo have any examples of this? It certainly seems to be a widespread urban myth.


I can't find you a specific example, but i do believe that the scammers did threaten this in the early days of the scameraships where companies were routinely ignoring S172 notices to save their drivers from the totting ban.

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southpaw82
post Mon, 13 Apr 2009 - 12:51
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Rule number 1 wink.gif


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Glacier2
post Mon, 13 Apr 2009 - 12:57
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Scammers lie.
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jnc90
post Mon, 13 Apr 2009 - 18:37
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QUOTE (jnc90 @ Mon, 13 Apr 2009 - 12:37) *
for some reason it never went to my manager <...>
However the header had my managers name and my address, not sure why??


On the letter header it was;

<My managers name>
<My address>

Now then this seems dodgy to me, is there a way that I could use this by say ignoring, claiming it was wrongly addressed or does this risk further penalties??

Btw its a very big company, dun like to say who, but probs biggest in UK, dun know i this affects anything at all but thought I'd mention it! smile.gif

Thanks again all!
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southpaw82
post Mon, 13 Apr 2009 - 18:41
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When you say "my address" do you mean your home address or your company address?


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jnc90
post Mon, 13 Apr 2009 - 18:45
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QUOTE (southpaw82 @ Mon, 13 Apr 2009 - 19:41) *
When you say "my address" do you mean your home address or your company address?


Home address! That's why it sounds dodgy to me!

If i tried the delay for 6 months tactic would it be better to do all the delaying questions thru a solicitors letter??

Thanks again!
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Glacier2
post Mon, 13 Apr 2009 - 18:47
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Return the letter marked not known at this address. Simples.
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jnc90
post Mon, 13 Apr 2009 - 19:12
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QUOTE (Glacier2 @ Mon, 13 Apr 2009 - 19:47) *
Return the letter marked not known at this address. Simples.



Really? do u think this will work fine??

shall I delay it as close to the 28 day mark as possible and by the time they send me the correct one will it be too late for them to do anything??
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Glacier2
post Mon, 13 Apr 2009 - 20:46
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Don't delay in returning the letter.
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jnc90
post Mon, 13 Apr 2009 - 20:50
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QUOTE (Glacier2 @ Mon, 13 Apr 2009 - 21:46) *
Don't delay in returning the letter.


Okay, I don't have the original envelope tho plus I'm gonna have to tell my manager! Does this mean that I could get in trouble for purposely sending it back even tho I knew the addressee??

Thanks

Josh
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