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vb_stereophonics
hi there, im wondering if u can help me. My mum recieved a letter last week with regards to a speeding fine.

My mum passed her test on 14th june 2004. The car in question was purchased on 5th November 2004 and the registration certificate was recieved from the dvla with updated details on 9th December 2004.

My mum was caught speeding, doing 35mph in a 30mph limit area on the 17th november 2004 on the evesham road, redditch toward crabbs cross.

the NIP is dated the 18th janueary 2005, offering a conditional offer of £60 fine and 3 points to her license.
At the time the offence took place, my mum was actually lost, in her new car, in an area she wasnt familiar with ... and believes this is when she must have exceeded the sped limit.

My mum was all set to return the slip with the cheque etc, but a friend told my mum about the 14 day rule (ok lets say 17 day rule to allow for postage!!)
Now, i've looked at the dates of the letters and from the time the dvla sent back the registration document to the day the speeding fine was sent, some 40days have elapsed. Ok, so christmas and new years were between all this, but is 40days really an ok amount of time for issuing a speed offence. And if you go from the actual date of the incident, some 62 days (if my adding up is correct) have actualy elapsed!

Could you advise my mum on what is best to do about this situation. She's not refusing to pay the fine, but now this information has come to light, is just waondering if she really does have to pay out the fine!!

If it is of any information, the letter was sent by  Ms A C Salisbury, duty authorised on behalf of the chief constable (west mercia central ticket office)

thankyou for your time,

Amanda
andy_foster
QUOTE (vb_stereophonics)
hi there, im wondering if u can help me. My mum recieved a letter last week with regards to a speeding fine.

My mum passed her test on 14th june 2004. The car in question was purchased on 5th November 2004 and the registration certificate was recieved from the dvla with updated details on 9th December 2004.

My mum was caught speeding, doing 35mph in a 30mph limit area on the 17th november 2004 on the evesham road, redditch toward crabbs cross.

the NIP is dated the 18th janueary 2005, offering a conditional offer of £60 fine and 3 points to her license.
At the time the offence took place, my mum was actually lost, in her new car, in an area she wasnt familiar with ... and believes this is when she must have exceeded the sped limit.

My mum was all set to return the slip with the cheque etc, but a friend told my mum about the 14 day rule (ok lets say 17 day rule to allow for postage!!)
Now, i've looked at the dates of the letters and from the time the dvla sent back the registration document to the day the speeding fine was sent, some 40days have elapsed. Ok, so christmas and new years were between all this, but is 40days really an ok amount of time for issuing a speed offence. And if you go from the actual date of the incident, some 62 days (if my adding up is correct) have actualy elapsed!

Could you advise my mum on what is best to do about this situation. She's not refusing to pay the fine, but now this information has come to light, is just waondering if she really does have to pay out the fine!!

If it is of any information, the letter was sent by  Ms A C Salisbury, duty authorised on behalf of the chief constable (west mercia central ticket office)

thankyou for your time,

Amanda


If the alleged offence was committed on 17th November, an NIP must be served on the RK or the driver by 2nd December, unless they could not obtain the details of the RK by reasonable diligence in time to serve the notice by then.
If the DVLA didn't update their records until 9th December, the scammers could not have obtained her details by 2nd December, so there is no requirement to serve an NIP at all.
Observer
Hello Amanda,

It would have been better to start a new thread with your post, but perhaps one of the mods will do so.

To answer your questions -

1.  The '14 day rule' only applies to the first NIP issued (usually to the registered keeper).  In your mum's case, it seems likely that the first NIP was sent to the person from who your mum bought the car and he/she named your Mum as the subsequent owner.  So, I'm afraid the time delay in the NIP sent to your mum doesn't count for anything.

2.  Unless your mum wants to take one of the routes described in the sticky posts at the top of this forum (e.g. PACE statement), she has to complete the form and accpet a fixed penalty.  She may be offered a 'speed awareness course' instead of a £60 penalty + points.  As she's a new driver, this may be a good option for her.

Post again if you have more questions.
firefly
QUOTE (Observer)
It would have been better to start a new thread with your post, but perhaps one of the mods will do so.

Your wish is.....etc
vb_stereophonics
hi there, thanks for the replies so far - my mum is ringing the garage today to find out if they were ever sent a NIP for the vehicle in question ..... as i guess if they didnt, then there was no problem in the police accessing the registered owner of the car.


btw, this is a great site - recommended it to alot of friends! biggrin.gif
vb_stereophonics
update:  have spoken with the garage where the car was brought - they cannot confirm that any post was recieved regarding the speeding offence by my mum. But they cannot confirm 100% that it wasnt recieved, as the girl who sorts the posts just sends anythign like that back, and wasnt available to comment, though the owner said he wasnt aware of any post regarding this incident!
jeffreyarcher
QUOTE (vb_stereophonics)
But they cannot confirm 100% that it wasnt recieved, as the girl who sorts the posts just sends anythign like that back, and wasnt available to comment, though the owner said he wasnt aware of any post regarding this incident!

Unfortunately, once the NIP is posted in time, that is sufficient for it to be deemed to be served unless proven otherwise.
Therefore, "But they cannot confirm 100%", is not sufficient to help you.
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