Speeding ticket 6 months after offence, Speeding on test drive |
Speeding ticket 6 months after offence, Speeding on test drive |
Sat, 9 Feb 2019 - 09:25
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#1
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New Member Group: Members Posts: 5 Joined: 8 Feb 2019 Member No.: 102,355 |
Hi all,
On 30 August last year, I test drove a car that my wife was looking at buying. I didn't provide any of my own details. A couple of hours later, my wife test drove the same car, liked it and bought it. Last week I had a phone call from the garage (must have used the details that my wife provided when buying it) to let me know that I had been caught speeding (36 in a 30) on the test drive and have provided photographic evidence and yes, unfortunately it is me. The police have been trying to track the car down. Presume it took that long because it was a new car and had no plates on it. If my wife hadn't bought the car, they would never been able to track me down because as mentioned, I provided no details when test driving. That was last week, 5 months after the offence. I have not heard anything or received a letter asking for me to confirm it was me driving as of yet (touch wood). I think I have 28 days to respond to any letter that I may be receiving?? . That would push the date between me geeltting caught and the confirmation of me driving to over 6 months. I have read elsewhere that as soon as 6 months have passed that I can not be issued the fine and points. Is that correct? Any advice would be great. Thanks Chris [/size][/size] |
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Sat, 9 Feb 2019 - 09:25
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Sat, 9 Feb 2019 - 09:44
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#2
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Member Group: Members Posts: 56,261 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
All correct.
You have no liability until the Police contact you, you will have 28 days to get your reply to the Police (the date you receive it is day ONE - not zero - of the 28) and if that arrives outside of 6 months from the date of offence they cannot prosecute you for the heinous crime. -------------------- 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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Sat, 9 Feb 2019 - 09:47
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#3
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New Member Group: Members Posts: 5 Joined: 8 Feb 2019 Member No.: 102,355 |
Thanks for the response
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Sat, 9 Feb 2019 - 10:09
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#4
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Member Group: Life Member Posts: 1,668 Joined: 9 Nov 2008 From: Doldrums Member No.: 23,903 |
Was this in Scotland or England
-------------------- STAND UP FOR YOURSELF OR YOU WILL FALL FOR ANYTHING
Ultracrepadarion - A person who offers an opinion on a subject they know nothing about. |
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Sat, 9 Feb 2019 - 10:18
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#5
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New Member Group: Members Posts: 5 Joined: 8 Feb 2019 Member No.: 102,355 |
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Sat, 9 Feb 2019 - 10:29
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#6
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Member Group: Members Posts: 41,585 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Was this in Scotland or England Does it make a difference in these circumstances? No need to go unsigned if the nomination arrives after 6 months. -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Sat, 9 Feb 2019 - 10:41
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#7
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Member Group: Members Posts: 939 Joined: 24 Sep 2014 Member No.: 73,212 |
If the garage/dealer has photos then, presumably, these are from the police who have traced the car back to them.
If the car was on trade plates (as it should have been if it was unregistered) then wouldn't the dealer have received the first request to nominate the driver? |
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Sat, 9 Feb 2019 - 10:46
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#8
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Member Group: Members Posts: 1,825 Joined: 16 Nov 2008 Member No.: 24,123 |
Are they obliged to send an offer of 3 points ?
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Sat, 9 Feb 2019 - 11:00
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#9
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New Member Group: Members Posts: 5 Joined: 8 Feb 2019 Member No.: 102,355 |
Will the fact that they've probably tried using the points to the garage (probably with a month or so) affect my situation regarding the 6 months expiration time
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Sat, 9 Feb 2019 - 11:06
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#10
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Member Group: Members Posts: 56,261 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
tried using the points to the garage Again but in English? I suspect what has happened is that as the trade plates move around cars that perhaps the wrong vehicle and driver were identified initially and now they have got back to the right car/driver. Are they obliged to send an offer of 3 points ? No, offering a fixed penalty (which is presumably what you were trying to say) is at the discretion of the Police, if a driver nomination is received such that a fixed penalty would time the case out then they certainly don't have to offer the fixed penalty and can take it straight to court. That said if its already timed out they often offer a fixed penalty on the off chance the recipient will accept it! -------------------- 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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Sat, 9 Feb 2019 - 11:27
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#11
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New Member Group: Members Posts: 5 Joined: 8 Feb 2019 Member No.: 102,355 |
tried using the points to the garage Again but in English? Typo sorry. Meant to read "tried issuing the points to the garage" From all of the above, if I get a letter next week requesting me to confirm that I was the driver and I don't send it back for 20 days which will take it outside of the 6 month window, I am OK? Thanks for the advice Chris |
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Sat, 9 Feb 2019 - 11:47
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#12
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Member Group: Members Posts: 56,261 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Points can only go to a driver, at no point would they try and issue points to a non human entity such as a garage.
Yes, as per my first reply, you MUST make sure it arrives in time, but if it arrives outside the 6 months your Scot free - but expect a 'kind' offer of a fixed penalty. -------------------- 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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