Speeding (50 in a 30) - 3 points and a fine?
Speeding (50 in a 30) - 3 points and a fine?
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Discussion

davek_964

Original Poster:

10,699 posts

198 months

Tuesday 23rd October 2018
quotequote all
Date of offence was 18th September, and although the letter only arrived this morning it's dated 26th September - so I guess that cancels any opportunity to claim it's turned up well outside the 14 day period I've seen mentioned.

It's too fast for a speed awareness course (letter confirms that) and at the moment it simply asks for confirmation of who the driver was. Once that's done, is it likely to be an SP30 / 3 points / £100 fine - or is it too fast for that? And if so - what's likely?

HantsRat

2,406 posts

131 months

Tuesday 23rd October 2018
quotequote all
50 in 30 is usually SJPN territory.

No ideas for a name

2,968 posts

109 months

Tuesday 23rd October 2018
quotequote all
davek_964 said:
Date of offence was 18th September, and although the letter only arrived this morning it's dated 26th September - so I guess that cancels any opportunity to claim it's turned up well outside the 14 day period I've seen mentioned.
Wasn't 18th September 5 weeks ago?
It isn't the date on the letter that is important - it is when it is delivered.

GreatGranny

9,519 posts

249 months

Tuesday 23rd October 2018
quotequote all
Taken from the RAC website:

https://www.rac.co.uk/drive/advice/legal/speeding-...

50 in a 30 is potential 7-28 days ban OR 4 - 6 points and fine of 100% of your weekly income.

zedx19

3,022 posts

163 months

Tuesday 23rd October 2018
quotequote all

davek_964

Original Poster:

10,699 posts

198 months

Tuesday 23rd October 2018
quotequote all
No ideas for a name said:
Wasn't 18th September 5 weeks ago?
It isn't the date on the letter that is important - it is when it is delivered.
But how would you prove that? It was not any kind of special delivery?

GreatGranny said:
Taken from the RAC website:

https://www.rac.co.uk/drive/advice/legal/speeding-...

50 in a 30 is potential 7-28 days ban OR 4 - 6 points and fine of 100% of your weekly income.
Oh dear.

kiethton

14,499 posts

203 months

Tuesday 23rd October 2018
quotequote all
The date of receipt could be your get out - what is the franking date on the envelope?

If after the 14 days should give you a solid defence, if after it’s a balance of probibilities and you’ll need to convince a magistrate.

No ideas for a name

2,968 posts

109 months

Tuesday 23rd October 2018
quotequote all
kiethton said:
The date of receipt could be your get out - what is the franking date on the envelope?

If after the 14 days should give you a solid defence, if after it’s a balance of probibilities and you’ll need to convince a magistrate.
Quite - I did wonder if the OP was a typo and the offence was this month... but I think that has been clarified.
Surely they won't have franked it this week having written last month's date on it! If they have that would be convenient!

Does the OP's Postman remember delivering that letter this morning?

All the usual questions should follow, is the OP the Registered Keeper (which really covers it) or not leased, not company car, not borrowed from a mate/garage etc.

Edited by No ideas for a name on Tuesday 23 October 12:44

davek_964

Original Poster:

10,699 posts

198 months

Tuesday 23rd October 2018
quotequote all
kiethton said:
The date of receipt could be your get out - what is the franking date on the envelope?

If after the 14 days should give you a solid defence, if after it’s a balance of probibilities and you’ll need to convince a magistrate.
There is no date on the envelope. It simply says "delivered by Royal Mail" and there is an "Account Postage GB" with an account number.

davek_964

Original Poster:

10,699 posts

198 months

Tuesday 23rd October 2018
quotequote all
No ideas for a name said:
All the usual questions should follow, is the OP the Registered Keeper (which really covers it) or not leased, not company car, not borrowed from a mate/garage etc.

Edited by No ideas for a name on Tuesday 23 October 12:44
There is no reason why it should have been delayed. The driver is the registered keeper, has not bought the car recently, has not moved address recently etc. etc.

Is it really the case that if it's after the 14 days it can be challenged?

For info - apparently, they have photographic evidence of the driver.

And for clarification - it isn't me who's received the ticket.

BertBert

20,899 posts

234 months

Tuesday 23rd October 2018
quotequote all
davek_964 said:
And for clarification - it isn't me who's received the ticket.
In which case I'd be questioning whether you and we are getting the whole story.
Bert

davek_964

Original Poster:

10,699 posts

198 months

Tuesday 23rd October 2018
quotequote all
BertBert said:
davek_964 said:
And for clarification - it isn't me who's received the ticket.
In which case I'd be questioning whether you and we are getting the whole story.
Bert
I am quite confident that the date of the offence / date of the letter are what I've stated above, and also quite confident that the letter only arrived today.

No ideas for a name

2,968 posts

109 months

Tuesday 23rd October 2018
quotequote all
BertBert said:
In which case I'd be questioning whether you and we are getting the whole story.
Bert
Sounds like it might be a reminder after 6 weeks? I suspect that the original may have been ignored.
Have you actually seen the NIP yourself, or is this what you are being told by the driver?

Edit: Crossed with your above posting.

Get over to Pepipoo and post your details - I am sure you will get some help there.


Edited by No ideas for a name on Tuesday 23 October 13:08

davek_964

Original Poster:

10,699 posts

198 months

Tuesday 23rd October 2018
quotequote all
No ideas for a name said:
BertBert said:
In which case I'd be questioning whether you and we are getting the whole story.
Bert
Sounds like it might be a reminder after 6 weeks? I suspect that the original may have been ignored.
Have you actually seen the NIP yourself, or is this what you are being told by the driver?
It's what I'm being told.

However, we are talking about a 48 year old adult - not a kid trying to con their parents.

No ideas for a name

2,968 posts

109 months

Tuesday 23rd October 2018
quotequote all
davek_964 said:
It's what I'm being told.

However, we are talking about a 48 year old adult - not a kid trying to con their parents.
Not suggesting they aren't telling the truth - but may have missed something.

davek_964

Original Poster:

10,699 posts

198 months

Tuesday 23rd October 2018
quotequote all
No ideas for a name said:
davek_964 said:
It's what I'm being told.

However, we are talking about a 48 year old adult - not a kid trying to con their parents.
Not suggesting they aren't telling the truth - but may have missed something.
Anything's possible - but I think they are entirely capable of reading a couple of dates. And if it was a reminder letter, surely it wouldn't have the original date on it?

No ideas for a name

2,968 posts

109 months

Tuesday 23rd October 2018
quotequote all
davek_964 said:
Anything's possible - but I think they are entirely capable of reading a couple of dates. And if it was a reminder letter, surely it wouldn't have the original date on it?
I *think* the way to play it is; return the NIP with the driver details as requested (as not doing that would be a seperate offence), but tell them that it was recieved outside the 14 days and that is therefore a bar to prosecution. They will probably try and ignore that, but at least it tells them you know it was late.

However, take advice from PepIPoo first.


davek_964

Original Poster:

10,699 posts

198 months

Wednesday 8th May 2019
quotequote all
Just for info - for anybody else in a similar position.

Fine of ~£550 (with costs) and 6 points.

speedking31

3,816 posts

159 months

Wednesday 8th May 2019
quotequote all
So how was the date issue overcome?

davek_964

Original Poster:

10,699 posts

198 months

Wednesday 8th May 2019
quotequote all
speedking31 said:
So how was the date issue overcome?
It wasn't really. They mandated that they had sent it out within the allowed period, and that it wasn't their problem if it had arrived late - but accepted the argument that it had arrived late, and hence the driver identification wasn't going to be within the allowed period.
No argument was put up by the person speeding, so it was all dealt with by post.