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itwasntmeofficer
I'll try and explain as clearly as I can, but feel free to ask questions. Almost 6 months ago I was "speeding" (be it true or not). a week later a letter from the safer roads partnership arrived. For the sake of argument my name is Joe Bill Ben Blogs and my dads name is Joe Bill Tony Blogs, The fore mentioned letter arrived addressed to JBTB (my dad). As I was out of the country he replied "I do not recognise the number plate, Please send the photos of the alleged offence as this may help me identify the owner" or words to that affect. Back came the standard letter with no pictures "It is an offence to not blah blah blah". They (the rozzers) asked for pictures of his car which he sent, but still he was not sent the pictures of the offence. Each letter he signed Joe Bill Tony Blogs. This back and forth continued. A week ago he received, finally, the photos of me driving my car. So he then replied, "That appears to be my son, His name is JBBB, please address correspondence to him, I didn't know he had that car, sorry to waste your time blah blah". So my question to you is can I just drag it out to the 6 month limit and then the case is dropped, or does the 6 months start again once they contact me. And is my dad likely to face charges of failing to provide, or is it a reasonable response that he cant remember all the family's registration plates. Thanks for any and all replies. biggrin.gif
nosferatu1001
6 months from the date of the offence, to my knowledge
He gave all infomrmation in his power to give, as he was not the Keeper of the vehicle at the time. Its a lower requirement than Keepers are faced with
Logician
Difficult to understand how that could happen unless there is some other connection, is your car registered at the same address as your father's car? A danger of delaying matters is that if you are identified as the driver and it is close to the six months deadline, the police might decide that the time for offering a course has long gone and indeed there is not time even for the offer of a fixed penalty, so they go straight to summons/requisition as the only option available to avoid the possibility of a time-out. Whether that makes any difference to you depends on what the speed and limit was, ie if it was a high speed and you would be dealt with by a court anyway it makes no difference, but if you would be offered a fixed penalty if there were time, going to court instead would inevitably mean a more severe penalty.
Jlc
It's not 100% clear whether your dad is the registered keeper of the vehicle and received the firstly letter 'correctly'? If so, it would be hard to say he doesn't recognise the plate!

Anyway, 6 months to commence proceedings for the speeding offence - which might time out soon but a s172 offence can occur (much) later. As any offence doesn't occur until 28 days after the request is made - so if you've just received your request then there's plenty of time to deal with a failing to furnish even if the underlying speeding times out.

What's the alleged speed and limit?
Logician
QUOTE (Jlc @ Fri, 17 Jun 2016 - 16:08) *
It's not 100% clear whether your dad is the registered keeper of the vehicle and received the firstly letter 'correctly'? If so, it would be hard to say he doesn't recognise the plate! Anyway, 6 months to commence proceedings for the speeding offence - which might time out soon but a s172 offence can occur (much) later. As any offence doesn't occur until 28 days after the request is made - so if you've just received your request then there's plenty of time to deal with a failing to furnish even if the underlying speeding times out.


But of course all you have to do to avoid that is to respond and name yourself as the driver, the ideal situation from your point of view is for you to have responded naming yourself as the driver within the time limit but for the speeding offence to have timed out. That may not be easy to achieve.

Jlc
Indeed, but we have seen people grab defeat from the jaws of victory.
Kickaha
I would be concerned about why they used the fathers name. It must have come from somewhere, andif his details are on any documents relating to the car then he could find the police taking interest in why he was denying any knowledge of the car.

As for engineering a tome out, we would need the date of the offence and the date of your nip/172 to advise youfully.
StuartBu
What isnt clear is how , if the OP comitted the offence in his car why were the letters sent to his Dad. We know the address details are obtained from what DVLA hold and relate to what is on the vehicles V5C .
There appears to be pieces of the jigsaw missing or am I missing something?
ford poplar
Is it poss that father registered son's vehicle in his name for Ins 'fronting' purposes at son's request, or what full name did son register as V5 RK with DVLA and what was the keeper address supplied?
Mistakes can happen, as can planned subterfuge.
itwasntmeofficer
Hi, Thanks for your responses. the speed was 36 in a 30 and was in early February. My car is registered at my parents address so thats why he got the letters. I'm fairly confident I'll be able to argue in court (if prosecuted for not naming the driver) that i had no knowledge until later and if i respond quickly I may be able to provide them with all the info they need just after the time out period.
southpaw82
Were they addressed to you at your parent's address or your father at your parent's address?

You chose to register your car there so you'll have an uphill struggle to suggest that any notice sent there wasn't served on you and you were unaware of it.
Atomic Tomato
Edited as Southpaw asked the same question

QUOTE
So

Your car is registered at your parents address, in who's name, you or your dad?

If in your name and your dad forgot to tell you he may have cost you points and a fine.
If in his name he may have cost himself points and a fine.
itwasntmeofficer
It's registered at my parents address in the name of joe blogs. so it could either be me or my dad. my dads name only appears on the insurance as a named driver. Also to clarify the NIP was addressed to joe blogs so its understandable that my dad opened it, hopefully.
Jlc
So the v5 has it registered to a name that can be either of you?
southpaw82
I think your chances are very slim. This has the hallmarks of a calculated scheme whereby you/your dad would open an NIP/172 meant for the other and then act "confused" to try to spin the matter out beyond six months - in other words, a conspiracy to pervert the course of justice.
The Slithy Tove
QUOTE (itwasntmeofficer @ Mon, 20 Jun 2016 - 13:47) *
It's registered at my parents address in the name of joe blogs.

So how is this Joe Bloggs going to complete and return the S.172 request naming the actual driver? Particularly if he doesn't actually exist? Someone must have completed the V5 form, naming Joe Bloggs as the keeper, and then signing it as ... who?
bm1957
QUOTE (itwasntmeofficer @ Fri, 17 Jun 2016 - 13:47) *
The fore mentioned letter arrived addressed to JBTB (my dad).

QUOTE
Also to clarify the NIP was addressed to joe blogs

Which?
Kickaha
I think your dad has dug himself a very big hole - one which could carry a prison sentence - by pretending he did not know the car given that he is named on the insurance, especially as he also did not remember that there was another person of the same name on the NIP that used the same address for some correspondace.

He (and you) should be praying that the police do not take a closer look at this case.

QUOTE (The Slithy Tove @ Mon, 20 Jun 2016 - 14:35) *
QUOTE (itwasntmeofficer @ Mon, 20 Jun 2016 - 13:47) *
It's registered at my parents address in the name of joe blogs.

So how is this Joe Bloggs going to complete and return the S.172 request naming the actual driver? Particularly if he doesn't actually exist? Someone must have completed the V5 form, naming Joe Bloggs as the keeper, and then signing it as ... who?

I think that it is

Dad is Joe peter alan bloggs
Son is Joe fred mark bloggs
V5 has Joe bloggs
NIP arrives addressed to Joe bloggs

Dad replies denying any knowledge of car

Perhaps the OP could clarify (or maybe not given he could then dig the hole deeper on a public forum).
SatNavSam
Looks like it will be one of two outcomes:

1) FTF, MS90 conviction.
2) PCoJ charge with jail time.

Unless the OP stops messing around. There is no chance now of a course. Court only.
bm1957
Open question to learned forum members - who would likely be charged with any FTF? And has the plea bargain boat sailed?
The Rookie
There is as yet no plea top bargain with, so we can't say.

They will summons the person named on the first S172 request probably when the father would appear to be guilty as he's denied all knowledge of a car he clearly has knowledge of (assuming he knows he's insured to drive the car).
bm1957
QUOTE (The Rookie @ Mon, 20 Jun 2016 - 15:31) *
They will summons the person named on the first S172 request

And if they wrote to JB (with details from the V5), and JB Jnr is the RK, but JB Snr replied, is "the person named on the first S172 request" well defined? I don't think so. (Yes, lots of ifs)
ford poplar
"That appears to be my son,"

Hardly an unequivocal s172 nomination by Joe Bloggs Snr. so in prime position for FTF.
In the end CPS decides who to prosecute after assessing likelihood of success. Judge has guidelines on sentencing.
southpaw82
QUOTE (ford poplar @ Mon, 20 Jun 2016 - 17:43) *
In the end CPS decides who to prosecute after assessing likelihood of success.

Even in a summary traffic matter?
gilan02
Could the OP reply naming himself and just accept the speeding fine/points?
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