speeding notice what do i do

[zumbanikki]

I borrowed my husbands car for the day as I was going to Liverpool

 

he has just received a letter asking who was driving on that day

.it says that I was doing 36 in a 30 mph limit

 

now the offence was on the 16/7/13 but the letter is dated 21/8/13 nearly a month later.

 

now my husband says that because they havnt been in touch within 14 days

 

I don't have anything to worry about is this true and if so how do we proceed?

 

thanks

[MaisyMouse]

Ask (really nicely) for any images that might have been taken at the time of the offence. Just so you can check the car really is yours, and not one of those cloned number plate jobbies)

[Aretnap]

First things first.

 

Whether or not the notice is late the requirement to name the driver is still valid,

 

he must reply naming you within 28 days or he'll be committing a new offence himself and risking 6 points and a fine of several hundred pounds.

 

Now in order to prosecute you for speeding the police must serve a notice on the registered keeper of the car within 14 days of the alleged offence, subject to a few exceptions.

 

So the first question is whether your husband the registered keeper, ie is it his own car?

Does he have the V5C (the registration document) and are his details correct on it?

Is it a company or lease car- if so he is almost certainly not the registered keeper.

 

If it is his car

the next question is

has he bought it or changed address in the last few months?

 

If so the details recorded with the DVLA may have been out of date at the time of,the offence so the 14 day would not apply.

 

If he is the RK and has been for some time

 

another possibility is that the letter you have is a reminder and that the first copy got lost in the post.

 

In that case in theory you have a defence to speeding,

but the onus would be on you to prove that the original notice did not arrive

- not easy.

 

rather than having nothing to worry about you should be prepared for a fight if you want to argue.

[zumbanikki]

First things first.

 

Whether or not the notice is late the requirement to name the driver is still valid,

 

he must reply naming you within 28 days or he'll be committing a new offence himself and risking 6 points and a fine of several hundred pounds.

 

Now in order to prosecute you for speeding the police must serve a notice on the registered keeper of the car within 14 days of the alleged offence, subject to a few exceptions.

 

So the first question is whether your husband the registered keeper, ie is it his own car? YES

Does he have the V5C (the registration document) and are his details correct on it? YES

Is it a company or lease car- if so he is almost certainly not the registered keeper. N/A

 

If it is his car

the next question is

has he bought it or changed address in the last few months? NO

 

If so the details recorded with the DVLA may have been out of date at the time of,the offence so the 14 day would not apply.

 

If he is the RK and has been for some time

 

another possibility is that the letter you have is a reminder and that the first copy got lost in the post. DOSNT SAY ITS A SECOND LETTER

 

In that case in theory you have a defence to speeding,

but the onus would be on you to prove that the original notice did not arrive

- not easy.

 

rather than having nothing to worry about you should be prepared for a fight if you want to argue.

 

hi

thanks for the reply hes going to send it off giving my name and we will see what happens

[zumbanikki]

well today I have now recived the same form as my husband just that it is in my name so I will send it back and see what happens

but do I send it back with a letter saying that its over the 14 days?

[crem]

but do I send it back with a letter saying that its over the 14 days?

 

being over the 14 days is completely irrelavent to the letter you have received at the moment. If you think about it, you, as the second recipient couldn't possibly receive that letter in 14 day.

 

1 They had to write to the RK (your hubby) in 14 days

2 he had 28 days to reply

3 following his reply they write to the newly named person (you) to check you accept the transfer effectively

so your letter could be 5/6/7 weeks or more after the "offence".

 

Simply return the form in the same fashion your hubby did, accepting that you were the driver on that day.

 

Once they confirm they are procecuting you, only then can you look into the possibility that the original NiP was late and only if all the conditions that Aretnap highlighted are met.

[zumbanikki]

thanks

letter posted

[honeybee13]

Please let us know how you get on, Nikki.

 

My best, HB

[zumbanikki]

just a little update

since posting the letter a month ago ive heard nothing.