FPN for speeding
Discussion
Been meaning to ask about this one for a while now, just kept putting it off.
Ex-company received an FPN, who are Dublin based.
Now, I know what I'm supposed to do when contesting it - it's all on pepico's (sp?) site.
Anyway, the query here is that the cheat sheet included mentions that the FPN should NOT be sent to the employee, that their name being filled in on the reverse side of the FPN.
Anyway, said FPN has been sent to me, and I received it last week some time - took bloody long enough, although not overly concerned for obvious reasons.
So, do I acknowledge receipt of it and do the pepico thing or 'forget about it' - it never arrived?
More importantly, even though the incident happened here in the North, and I live in the North, being employed on contract (now finished) by a Southern company, what way do things work regarding the police chasing this up?
For the life of me, I can't recall the incident, especially where it says it took place, so I will be wanting to see exactly where it occurred and see what circumstances there are around it.
So, let me have you input please.
Thanks.
Ex-company received an FPN, who are Dublin based.
Now, I know what I'm supposed to do when contesting it - it's all on pepico's (sp?) site.
Anyway, the query here is that the cheat sheet included mentions that the FPN should NOT be sent to the employee, that their name being filled in on the reverse side of the FPN.
Anyway, said FPN has been sent to me, and I received it last week some time - took bloody long enough, although not overly concerned for obvious reasons.
So, do I acknowledge receipt of it and do the pepico thing or 'forget about it' - it never arrived?
More importantly, even though the incident happened here in the North, and I live in the North, being employed on contract (now finished) by a Southern company, what way do things work regarding the police chasing this up?
For the life of me, I can't recall the incident, especially where it says it took place, so I will be wanting to see exactly where it occurred and see what circumstances there are around it.
So, let me have you input please.
Thanks.
PJ
I presume that when you mention 'The North' this is NI and the Reg Keeper is from Eire.
There is a difference in the law from England (where the majority of posters of PH live) in that Road Traffic Act 1991/Road Traffic Offenders Act 1988 -99(7) which deals with NOIP/ Conditional Offers does not apply to NI. There will be I feel sure a corresponding law covering NI and this may well be stated on the ticket you have received. Give details and may be able to pull up the Act concerned.
Presume law, if it is the same is that following offence NOIP sent to Reg Keeper in Eite who have named you as the driver and forms sent on to you. Your now faced with the decision to accept or name another driver in 28 days. To assist your enquires you can try writing back to ask for the photo but bear in mind if law same as England they may well have no requirement to do so.
Other than some ex/serving Bib from PFNI posting to clarify regret the above is a woolly.
dvd
Just to add it appears that speeding offence is under article 155 Road Traffic (NI) Order 1981 which also has some information on 172 name and shame driver procedure that I cannot access. Conditional Offer scheme is under Road Traffic Offenders (Northern Ireland) Order 1996 and same procedure as England.
I presume that when you mention 'The North' this is NI and the Reg Keeper is from Eire.
There is a difference in the law from England (where the majority of posters of PH live) in that Road Traffic Act 1991/Road Traffic Offenders Act 1988 -99(7) which deals with NOIP/ Conditional Offers does not apply to NI. There will be I feel sure a corresponding law covering NI and this may well be stated on the ticket you have received. Give details and may be able to pull up the Act concerned.
Presume law, if it is the same is that following offence NOIP sent to Reg Keeper in Eite who have named you as the driver and forms sent on to you. Your now faced with the decision to accept or name another driver in 28 days. To assist your enquires you can try writing back to ask for the photo but bear in mind if law same as England they may well have no requirement to do so.
Other than some ex/serving Bib from PFNI posting to clarify regret the above is a woolly.
dvd
Just to add it appears that speeding offence is under article 155 Road Traffic (NI) Order 1981 which also has some information on 172 name and shame driver procedure that I cannot access. Conditional Offer scheme is under Road Traffic Offenders (Northern Ireland) Order 1996 and same procedure as England.
Edited by Dwight Vandriver on Wednesday 2nd August 09:26
If it is not addressed to you then you can safely ignore it, in fact that is really the only course of (in)action.
You have not personally been asked by the police to do anything, only the Irish company has. If they have chosen to ignore what the notice asks them to do, why should you correct them?
You have not personally been asked by the police to do anything, only the Irish company has. If they have chosen to ignore what the notice asks them to do, why should you correct them?
Okay to clarify:
Car rented through Northern office of a UK/Ireland outfit - Norflex.
Company paid for it, I just signed paperwork upon collection and return.
So the only details the PSNI got were my name, and the company address in Dublin.
Incident in North, so issued by PSNI.
If the resend the NIP, and the company resends it to me, after what period do they try to hang the penalty on the company or does it get dropped?
Car rented through Northern office of a UK/Ireland outfit - Norflex.
Company paid for it, I just signed paperwork upon collection and return.
So the only details the PSNI got were my name, and the company address in Dublin.
Incident in North, so issued by PSNI.
If the resend the NIP, and the company resends it to me, after what period do they try to hang the penalty on the company or does it get dropped?
On the assumption that NI corresponds with English law and it would appear to do so then:
Northern Office of Norflex rent a car to Company PJ works for.
PJ gives his name in signature when he collects/returns car. Evidence there to connect Pj with vehicle.
Flash in NI
SCP(NI} get Keepers details from DVLA Coleraine and send out NOIP/Name driver request within 14 days so NOIP part good service. 28 days clock on naming started.
Reg Keeper does not respond so SCP take Court action for failing to supply details against reg Keeper serving summons through Manager of NI Office. Can do.
But if Reg Keeper sends form back saying PJ was the driver, they have complied and now pj in the frame and either admits and signs as driver or does nothing and gets done for failing to name driver.
One way or the other someone can be done should they so desire.
dvd
Northern Office of Norflex rent a car to Company PJ works for.
PJ gives his name in signature when he collects/returns car. Evidence there to connect Pj with vehicle.
Flash in NI
SCP(NI} get Keepers details from DVLA Coleraine and send out NOIP/Name driver request within 14 days so NOIP part good service. 28 days clock on naming started.
Reg Keeper does not respond so SCP take Court action for failing to supply details against reg Keeper serving summons through Manager of NI Office. Can do.
But if Reg Keeper sends form back saying PJ was the driver, they have complied and now pj in the frame and either admits and signs as driver or does nothing and gets done for failing to name driver.
One way or the other someone can be done should they so desire.
dvd
No office manager in NI, only the 4 engineers, so ALL correspondence goes to Dublin until or unless Dublin provides my home address.
Incident recorded on June 16th, letter dated 27th - I didn't receive it from Dublin until 8-10th July, IIRC.
Point is, the included form stated it was NOT to be resent onto the employee. Obviously that hasn't been read - just sent to me to "take care of it".
Now, I was under the impression there was cross-boarder co-operation and penalties, but that tended to be more aimed at if you speed down South and are caught, you can't expect to get away with it, and vice versa for Southern drivers whilst in the North.
So, I'm curious as to the cut-off point in time, or has that already elapsed due to the NIP arriving with me in July - more than the required 14 days since the event?
Cheers guys.
Incident recorded on June 16th, letter dated 27th - I didn't receive it from Dublin until 8-10th July, IIRC.
Point is, the included form stated it was NOT to be resent onto the employee. Obviously that hasn't been read - just sent to me to "take care of it".
Now, I was under the impression there was cross-boarder co-operation and penalties, but that tended to be more aimed at if you speed down South and are caught, you can't expect to get away with it, and vice versa for Southern drivers whilst in the North.
So, I'm curious as to the cut-off point in time, or has that already elapsed due to the NIP arriving with me in July - more than the required 14 days since the event?
Cheers guys.
It appears that the Dublin office has not complied with the S172 request. They should have completed the S172 and sent it back to the NI fuzz and they would then send you your own NIP. At the moment it's not your problem. The company must complete the form naming you, until then do nothing.
Problem is PJ three set of laws.
1. English law - we are trying to work from but not applicable to NI/Eire.
2. NI law which follows English Law but not exactly the same and its application to Eire in matters and requires to be read.
3 Eire law and its application to NI.
hence the difficulty of coming to a concrete interpretation.
My only advice would be for you to have words with the Company solicitor or CAB (NI).
dvd
1. English law - we are trying to work from but not applicable to NI/Eire.
2. NI law which follows English Law but not exactly the same and its application to Eire in matters and requires to be read.
3 Eire law and its application to NI.
hence the difficulty of coming to a concrete interpretation.
My only advice would be for you to have words with the Company solicitor or CAB (NI).
dvd
bond-007 said:
I think the problem is that the company is NI based but has a dublin office that does all the admin.
Nope, they're Dublin based and registered. Part of a UK company, but nothing in the North associated with them. They look after all the engineers in Ireland - North and South.
pjskel said:
bond-007 said:
I think the problem is that the company is NI based but has a dublin office that does all the admin.
Nope, they're Dublin based and registered. Part of a UK company, but nothing in the North associated with them. They look after all the engineers in Ireland - North and South.
In that case, your home and dry. The PSNI will be unable to persue either of you either the company or yourself.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff