To contest or not to contest..
Discussion
Sure this has been done to death but anyway..
My company hack was flashed back on the 24th April (36 in a 30 - how's your luck), a notice landed on the mat on 18th July, (I assumed the delay was due to it being a company car and taking time to retrieve driver details but read note below) I requested a pic to confirm the driver which arrived and that's no problem.. but then it got me thinking is it worth challenging due to the time it took to get notification, or would it just be easier to bend over and take it..
Note - this is the second ticket in as many months, the last was for a camera in June (48 in a 40) whereby my company fleet dept contacted me for the driver/license details (even though they already had them already
) to forward to the authorities and having given them my details I received a notice in July..
Any help appreciated as this would put the driver up to 9 points
My company hack was flashed back on the 24th April (36 in a 30 - how's your luck), a notice landed on the mat on 18th July, (I assumed the delay was due to it being a company car and taking time to retrieve driver details but read note below) I requested a pic to confirm the driver which arrived and that's no problem.. but then it got me thinking is it worth challenging due to the time it took to get notification, or would it just be easier to bend over and take it..
Note - this is the second ticket in as many months, the last was for a camera in June (48 in a 40) whereby my company fleet dept contacted me for the driver/license details (even though they already had them already
) to forward to the authorities and having given them my details I received a notice in July.. Any help appreciated as this would put the driver up to 9 points
Company hack = Company car?
OK Seamus if the car is owned by The Co and they are recorded as Reg Keeper, then when you were flashed admin procedure at SC would enquire of DVLA for RK details and on being supplied then they would send NOIP which has to be served either on RK or driver within 14 days by post (not second class). Providing they achieve this in 14 days then service is good and it matters not that papers are eventually forwarded on to driver outside 14 days.
Normally 28 days are allowed to name driver after which if no reply then Court action can be taken. Presumably in your case Co have written back naming you as driver and why it has taken nearly 3 months for papers to arrive with you I cannot explain.
You have now had the papers over a month, but because you queried photo they have not as yet started to take action for Court, but this will be pending.
If Court action is to be taken, SC have 6 months from date offence came to notice of prosecutor (flash) to lay an information for summons which can be served outside the 6 months.
I gather you do not question that the speed offence was committed nor from the photo that it was not you or the hack. Unless you can prove, and it is down to you, that your Co did not receive the NOIP as specified in the time and manner above, then it looks as if you will have to bite the bullet as you have nothing to fight with.
DVD
OK Seamus if the car is owned by The Co and they are recorded as Reg Keeper, then when you were flashed admin procedure at SC would enquire of DVLA for RK details and on being supplied then they would send NOIP which has to be served either on RK or driver within 14 days by post (not second class). Providing they achieve this in 14 days then service is good and it matters not that papers are eventually forwarded on to driver outside 14 days.
Normally 28 days are allowed to name driver after which if no reply then Court action can be taken. Presumably in your case Co have written back naming you as driver and why it has taken nearly 3 months for papers to arrive with you I cannot explain.
You have now had the papers over a month, but because you queried photo they have not as yet started to take action for Court, but this will be pending.
If Court action is to be taken, SC have 6 months from date offence came to notice of prosecutor (flash) to lay an information for summons which can be served outside the 6 months.
I gather you do not question that the speed offence was committed nor from the photo that it was not you or the hack. Unless you can prove, and it is down to you, that your Co did not receive the NOIP as specified in the time and manner above, then it looks as if you will have to bite the bullet as you have nothing to fight with.
DVD
Cheers for clarrification DVD, the driver was the missus. Just grates me when I read everyday how some scrote got away with this that and the other and she gets points/fine for a couple of mph over where I believe she will have merrily continued on her way at the same speed in an area where it is not accident blackspot etc.. then if not exceptionally careful she could pick up another 3 points to give her a totting up ban (drives for a living), followed by increased insurance despite no accidents etc as they will perceive her as greater risk.. and now if she gets a speed detector to protect her licence for wondering over the limit she could be faced with a fine for that too..
Given so many others seem to use the law to avoid responsibility of actions, figured it could have been worth a go with her as well, having said that we will no doubt just accept it to avoid any hassle which is exactly what is wanted to rake more cash in.. ho hum..
Given so many others seem to use the law to avoid responsibility of actions, figured it could have been worth a go with her as well, having said that we will no doubt just accept it to avoid any hassle which is exactly what is wanted to rake more cash in.. ho hum..
Have a look at www.pepipoo.com and read up about PACE, as its probably 1 month from the date allready you could go for a time out. Even if you do end up taking the 3pts and 60 fine, its worth it just to hassle them a bit
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