Speeding fine with no site details available - Opened mail too late to submit nomination

[Manxman in exile]

First of all, you can't have received a "speeding fine" yet unless you have already replied to them previously naming yourself as the driver, and they are now making a conditional offer of a fixed penalty.  But I don't think that is what you mean. 

 

I think you have actually received a NIP/s172 request requiring you to identify the driver of a particular vehicle at a particular location on a particular date and time.  Failure to respond within, I think, 28 days is a separate more serious offence than speeding - it's failing to identify the driver and carries six points, a heavy fine and increased insurance premiums for years.

 

But are you the registered keeper (RK) of the vehicle?  If the request was addressed to somebody like "The company secretary... " I assume you are not the RK and that a company is.  Do you happen to be the "company secretary" or similar of the RK?  (Otherwise why is a notice sent to "The Company Secretary" being delivered to your address?  Have you received another in your own name?)

 

The NIP/s172 request can only be replied to by the "person" to whom it was addressed.  If it was addressed to "The Company Secretary of ..." and you are not the company secretary of..., then it needs to be passed on to that person to be completed and returned.

 

If you are "The Company Secretary" of the RK (or are the person who runs or owns the company yourself,) or if you have a request in your own name, I think I would return the form ASAP with an accompanying letter containing a grovelling apology for your late response and hoping that the offer of a course or fixed penalty is still available.  I'd probably try emailing and 'phoning them as well to explain that it's in the post and apologising again.  (Of course, you can only name yourself if you were the driver).

 

The issue about the photos is almost certainly irrelevant.  So long as you can identify the driver (or know who it was) they don't even need to give you any photos at this stage so long as the NIP/s172 request makes clear the location, date and time.  At this stage they are only asking who the driver was - they are not yet asking you to admit to speeding so the question as to what the limit was is irrelevant.

 

If you are unlucky enough to end up getting charged with BOTH speeding and failure to identify the driver, come back for more advice.

 

Just to add - I am no expert in this field but the above is what I would do in your position others may have better advice for you.  There are other posters here - Man in the Middle is one - who are more expert than me with speeding offences.  See what they advise.

 

Also, your situation might be a little more complicated than ususal because you have received a NIP/s172 addressed to the company secretary...  Those complications can't be clarified until you explain what your relationship to the company is and who the company secretary is.  (eg depending who the RK is, the NIP/s172 may be out of time)

 

 

Edited December 24, 2020 by Manxman in exile
clarification

[Manxman in exile]

1 hour ago, Kyosanto said:

Unrelated P.S. Exactly a year ago on the 24th of December, I received a parking fine. My thoughts always with Lincs police every Xmas

 

 

Just to add - the police don't do parking fines

[Manxman in exile]

Sorry - but if you are the registered keeper, why was it addressed to "The Company Secretary ..." and not to "Mr Kyosanto"? 

 

If it was addressed to "The Company Secretary ..." and you are not the company secretary, then, strictly speaking, you can't reply to it because it was not addressed to you.  (You will see somewhere in the notes on the request you have that it says only the addressee can respond).

 

So who was it actually addressed to?  And have you actually checked the vehicle's V5C to make sure that you are correctly named as the RK and that your address is correct?  (And I mean physically checked - not just assumed)

 

This might be important for you because if a company is the RK, and the company secretary has simply passed the request on to you to reply to, they can't do that because they have to reply to it naming you.  And if it is addressed to the company secretary - not you - then it is the company that commits the offence of failing to identify the driver - not you..  Do you see what I mean?

 

So why would it have been addressed to "The Company Secretary" and not to you?  What is your relationship (if any) to both the company and the company secretary?

 

(NB - this is not about whether it's a company car - it's about who is the RK and who the request was addressed to)

 

 

[Manxman in exile]

As you say... a garbage idea!

 

Well, if nobody else has any further advice over the Xmas days off, I guess you send it back with the grovelling apology and 'phone and email them too.

 

If you do finally end up getting charged with failure to identify the driver you can usually do a plea bargain to plead guilty to speeding if they drop the failure to identify charge.  Here you could also perhaps argue that you were confused initially by the request as you didn't think it was addressed to you personally.

 

Anyway, come back here if they charge you with anything.  If you are still in time to be offered a course or a fixed penalty I think I'd take it

[Manxman in exile]

When given the choice I actually stipulate that I always want to be communicated with by snail mail rather than email or text (I hardly ever check them) but, perversely, I'm very bad at opening my mail.  I live in constant dread of missing a NIP or something!