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Speeding fine sent to old address
jaddlepaddle
post Sat, 4 Feb 2023 - 14:59
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Hi all,

I have a huge problem and I'm not entirely sure where I stand legally.

I was caught by a speed camera (UK) in November 2022, I also moved house on the same day and changed the address on my V5 that day to my new address.

The speeding fine has been sent to my old address, the letter is dated 1 day after my V5 was changed and this has resulted in the fine not getting paid for 3 months as I was completely unaware of the letter until now.

I have even logged onto the declaration and it has my old address on there too.

I'm obviously expecting to pay the fine but I'm wondering where I stand legally in terms of any extra charges incurred due to lack of payment.

I'm very worried about this, any advice would be greatly apreciated!
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post Sat, 4 Feb 2023 - 14:59
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andy_foster
post Sat, 4 Feb 2023 - 15:44
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What exactly is this "speeding fine" that was sent to your previous address?
What does "logged onto the declaration" mean in English?

What "extra charges" have been incurred?





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jaddlepaddle
post Sat, 4 Feb 2023 - 15:58
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QUOTE (andy_foster @ Sat, 4 Feb 2023 - 15:44) *
What exactly is this "speeding fine" that was sent to your previous address?
What does "logged onto the declaration" mean in English?

What "extra charges" have been incurred?


Hello, sorry I should have been more clear. The speeding fine is a letter that is asking me provide details of who was driving and the declaration is the online form that I have now filled out pleading that I was the driver, but it has my old address on it.

Also, the extra charges are just something I am concerned will be incurred due to not paying within 28 days of the letter being sent, I haven't actually received the fixed penalty notice as of yet.
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The Rookie
post Sat, 4 Feb 2023 - 16:37
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Ok , so In common parlance that may be a speeding ticket as it includes no demand for money.

If you read the notice you would see that it almost certainly says you can name another person online but that if the addressee is confirming they were driving they cannot but have to do so by post. So currently what positive action have you taken to try and resolve the issue, if any?

You still haven’t told us what those extra charges are, or rather what you think they are.

They may result in extra criminal charges (which no reasonable person would call incurred) not necessarily extra financial ’charges’ (charges are usually for a service, not fines for a criminal offence, but that’s by the by).


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southpaw82
post Sat, 4 Feb 2023 - 18:16
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Until the OP tells us exactly what has been received (and I doubt it’s a “speeding fine”) it is difficult to help.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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Gerfc1
post Sun, 5 Feb 2023 - 11:26
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I cannot see how you can be convicted if they do not know who were the driver.

Being convicted of Failure to Identify driver is a possible because it is a legal requirement to response under Section 172 when being asked by the Police.
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NewJudge
post Sun, 5 Feb 2023 - 12:57
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QUOTE (jaddlepaddle @ Sun, 5 Feb 2023 - 12:21) *
The main concern of my original post was it not being paid in the initial 28 days, due to the initial letter (that asked for driver details) being sent to my old address, due to it not being paid in 3 months. I'm just expecting the worst which is why I posted, to see if anyone had any experience with this and maybe advice.

If you think it through, to offer a course or fixed penalty, or take court action, the police have to know who was driving. Until you respond to their request they do not know that, so they cannot take any action against anybody for speeding. What they can do, however, is take action against the recipient of their request (in this case, you) for failing to respond to it. The "initial 28 days" that you mention is the time allowed for that response to be made and no penalties can be offered, or court action taken, until that period has ended without reply.
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Slapdash
post Sun, 5 Feb 2023 - 13:01
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1) There is nothing to pay until you have a fixed penalty offer and agree to it.

2) I am highly sceptical that you have nominated yourself.

It may be prudent to ring the issuer (there is often a number). Any further correspondence (and there has to be some) is quite likely to go to your previous address.

Generally a self nomination on an S172 will allow you to also offer acurrent address.

I don't think it is entirely reasonable to expect an online nomination intended for a different driver than the adressee to work. (Though it might).

The issue you face is that you have already commityed the S172 offence by failing to respond in tje 28 day timeframe.

They are unlikely to proceed with this if you proactively try and resolve this.



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jaddlepaddle
post Sun, 5 Feb 2023 - 13:23
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Wonderful thanks a lot for your help. It's much appreciated. Yes, I've nominated myself online as the driver as it was indeed me, im obviously going to admit fault. I'll give them a ring tomorrow and explain about the address situation. Thanks again!

This post has been edited by jaddlepaddle: Sun, 5 Feb 2023 - 13:28
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Slapdash
post Sun, 5 Feb 2023 - 14:53
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At the risk of labouring the point.

Please read very carefully what it says about nominating a driver online on the form you received.

I would be amazed if it didn't, in fairly plan language, notify you that it is only for nominating a different person.

The issue is that a nomination made that way would be ineffective because it would not he evidentially sound. You could then sucessfully nominate yourself, elect for court, plead not guilty and put them to proof that you were indeed the driver.


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jaddlepaddle
post Sun, 5 Feb 2023 - 15:06
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QUOTE (Slapdash @ Sun, 5 Feb 2023 - 14:53) *
At the risk of labouring the point.

Please read very carefully what it says about nominating a driver online on the form you received.

I would be amazed if it didn't, in fairly plan language, notify you that it is only for nominating a different person.

The issue is that a nomination made that way would be ineffective because it would not he evidentially sound. You could then sucessfully nominate yourself, elect for court, plead not guilty and put them to proof that you were indeed the driver.


Hello, thanks for your response. I've had another read over the letter regarding using the online service and it reads

'Log into the online portal with the PIN provided. You may also admit to being the driver or nominated another driver, new keeper or hirer by visiting the online portal'

So I think I'm okay by admitting fault on that website. For more information and to let them know about the address issue I'll have to call tomorrow.
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Slapdash
post Sun, 5 Feb 2023 - 17:53
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I am sure it is not the last time I will be amazed. 😄

Certainly allows self nominatio.
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southpaw82
post Sun, 5 Feb 2023 - 18:01
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Oh look, another thread I’ve had to prune because people want to act like morons. I’m not kidding - f**k around and find out is in force.


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