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Speeding tickets received late/applied for court
inele
post Sat, 12 Jan 2019 - 17:50
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HI,

I have received three speeding tickets on the same road with the same speeding camera, the first one was on the 1st of November, the second was on the 5th of November and the third was on the 8th of November. However, it was only issued to me at a late stage( offence 1 was issued 19th of November, offence 2 was issued 22nd of November, while offence 3 was issued on 28th of November).

I accepted the first offence and paid for a speeding course. Right after I received other two and decided to apply for a court hearing to fight my case. Today I found out that all of the notices were issued with a delay and do not comply with the 14 days rule. Please let me know what would be the best thing to do now? Can I cancel the court hearing? Do I need to write to the police?
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post Sat, 12 Jan 2019 - 17:50
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Jlc
post Sat, 12 Jan 2019 - 18:06
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I presume you mean you don’t have a ‘14 day’ defence?

You can’t go back - so you’ll have to plead guilty. (And will incur court costs, income related fine and surcharge but a guilty plea will see a discount, 25% or 33% depending what stage you’re at)


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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

Private Parking - remember, they just want your money and will say almost anything to get it.
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BaggieBoy
post Sat, 12 Jan 2019 - 18:09
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NIPs are very rarely late, unless there is a reason it could not served swiftly.

So:

Are you the Registered Keeper?
Does the V5C have your correct name and address?
What is the DocRef date on page 2.

For starters.
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inele
post Sat, 12 Jan 2019 - 18:21
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QUOTE (BaggieBoy @ Sat, 12 Jan 2019 - 18:09) *
NIPs are very rarely late, unless there is a reason it could not served swiftly.

So:

Are you the Registered Keeper?
Does the V5C have your correct name and address?
What is the DocRef date on page 2.

For starters.



1.No I am not the registered Keeper but the Registered Keeper received it later than 14 days and the notice date is as i sated in my original topic (19, 22,28)
2. yes it was the address of the registered keeper and it was correct
3. doc reference date on the page to is not known as page 2 is sent to the police.
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southpaw82
post Sat, 12 Jan 2019 - 19:16
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Page 2 of the V5C.


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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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Logician
post Sat, 12 Jan 2019 - 20:28
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Who do you think is the registered keeper? If you think it is a company, very likely the car is in fact leased and the registered keeper is the leasing company.


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BaggieBoy
post Sat, 12 Jan 2019 - 20:48
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The fact 3 different NIPs took more than 14 days to get to you suggests they all went somewhere else first.
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andy_foster
post Sat, 12 Jan 2019 - 20:49
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QUOTE (inele @ Sat, 12 Jan 2019 - 18:21) *
1.No I am not the registered Keeper but the Registered Keeper received it later than 14 days and the notice date is as i sated in my original topic (19, 22,28)


That is not what you said in your original post.

If you want meaningful advice, I suggest that you tell us the whole story, including indicating anything that is an assumption rather than something you know as fact.


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"Whatever the intention of Parliament was, or was not, the law is quite clear." - The Rookie
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inele
post Sun, 13 Jan 2019 - 13:23
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QUOTE (andy_foster @ Sat, 12 Jan 2019 - 20:49) *
QUOTE (inele @ Sat, 12 Jan 2019 - 18:21) *
1.No I am not the registered Keeper but the Registered Keeper received it later than 14 days and the notice date is as i sated in my original topic (19, 22,28)


That is not what you said in your original post.

If you want meaningful advice, I suggest that you tell us the whole story, including indicating anything that is an assumption rather than something you know as fact.



Thank you for your response. I will tell you the full story. It was a company car which is probably leased but i am not sure yet. the offence took place in the same spot - 30 miles road which i assumed if 40 miles road and drove 40,36,39 on 1st, 5th and 8th of the same month. my company received notices on 19th,22 and 28. I've already paid and attended the speeding course, but because I am a new driver will get 3+3 points for the other two which results in 6 p and losing my license. My job depends on driving and I will also probably lose my income if I get these points. So i need to know if there is anything i can do.
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NewJudge
post Sun, 13 Jan 2019 - 13:44
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You need to find out who the Registered Keeper is (rather than guess) and then find out when they received the Notices (rather than guess). If they were served in time, from what you say you seem to have little defence.

If you do gain six points your licence will be revoked by the DVLA, not the court, and there is no avenue of appeal against this.
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Logician
post Sun, 13 Jan 2019 - 14:44
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You can appeal to the police to drop the later charges on the basis that the delay in receiving the first notice meant that you had not chance to realise the speed limit on the road in question, and adapt your driving accordingly. This is an approach we have seen work in the past, but the fact that you have opted for these cases to go to court may militate against the police accepting it in this case. If they would just agree to withdraw one of the charges, that would suit your purpose of avoiding a revocation of your licence.

If both cases do proceed to court, your cause is lost. You cannot realistically expect an acquittal, and there is no basis for the court not to endorse your licence, and cannot do so with less than 3 points. The revocation of your licence is then an administrative act over which the court has no jurisdiction and the DVLA has no discretion.


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inele
post Mon, 14 Jan 2019 - 00:13
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QUOTE (NewJudge @ Sun, 13 Jan 2019 - 13:44) *
You need to find out who the Registered Keeper is (rather than guess) and then find out when they received the Notices (rather than guess). If they were served in time, from what you say you seem to have little defence.

If you do gain six points your licence will be revoked by the DVLA, not the court, and there is no avenue of appeal against this.

they have already sent the acknowledgement letter to me, can i change my mind and cancel court request and appeal instead?

QUOTE (Logician @ Sun, 13 Jan 2019 - 14:44) *
You can appeal to the police to drop the later charges on the basis that the delay in receiving the first notice meant that you had not chance to realise the speed limit on the road in question, and adapt your driving accordingly. This is an approach we have seen work in the past, but the fact that you have opted for these cases to go to court may militate against the police accepting it in this case. If they would just agree to withdraw one of the charges, that would suit your purpose of avoiding a revocation of your licence.

If both cases do proceed to court, your cause is lost. You cannot realistically expect an acquittal, and there is no basis for the court not to endorse your licence, and cannot do so with less than 3 points. The revocation of your licence is then an administrative act over which the court has no jurisdiction and the DVLA has no discretion.


thank you, i have already received acknowledgement letter fo the court hearing few days ago. is this possible to change my mind and send the appeal letter instead? Can i just say i made a mistake and i would like to cancel the request for the court hearing and appeal instead?
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The Rookie
post Mon, 14 Jan 2019 - 01:57
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There is nothing to appeal, but you can withdraw that request and ask them nicely if they will continue as before, they don’t have to but may well do.


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Logician
post Mon, 14 Jan 2019 - 02:17
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QUOTE (The Rookie @ Mon, 14 Jan 2019 - 01:57) *
There is nothing to appeal, but you can withdraw that request and ask them nicely if they will continue as before, they don’t have to but may well do.


I think he meant appeal to the police not to proceed with all the offences, as I suggested.



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