Speeding in a 30 and V5C was in old address
Discussion
After some advice please for a friend please - no, really. My Sister-in-Law foolishly hit 47mph in a 30mph and evidently passed a radar van or similar. This was at the back end of January this year. The local force had correctly issued a NIP within a few days of the offence but SiL isn't the most on the ball when it comes to admin matters and her car was registered at an address she moved from a few years back, though her licence and insurance had been updated so no issues there. Obviously the NIP went to an address from which it was bounced back with a 'no longer at this address'. The issuing force has managed to track her down at her current address and sent an updated NIP. At the point that this was received, she wasn't aware of the original one.
From looking at the details on the NIP that was received, it appeared that the force had made an error and not sent it for some months after the offence - this actually happened to somebody else I know and he replied as my SiL did with the response of 'too late so this NIP isn't valid' or words to that effect as it should be posted inside of 14 days. In the original case that I knew of, he heard nothing more and considered himself lucky. However in my SiL's case the local force has replied to her email with an attachment of the original NIP basically stating that they are in the right, which I believe that they are, and my SiL has the standard 28 days to state who was driving at 47 in a 30 in January.
My questions are:
1. What is she likely to receive for 47 in a 30? She already has 6 points, not sure what for, assume at least 3 for speeding. I know, I know...
2. What, if anything, is she likely to receive for being a numpty and not updating her V5C details? She no longer has the car, her new one is hopefully registered correctly.
3. When she replies stating that she was driving are they likely to come back with a summons or a fixed penalty option bearing in mind the V5C issue? I don't believe that there were any other aggravating factors, car was fully road legal.
4. Should she lawyer up at this point to be in with a chance of keeping her licence?
Please feel free to reply stating that 47 in a 30 is a ridiculous speed to be doing - she knows and has had sleepless nights over this already. I'm hoping that this will be the wake up call she needs. If she gets 3 points and a fine I genuinely believe she will make a much better effort to control her speed. It's a case of not paying sufficient attention to the limit rather than her being some lunatic girl racer. Still wouldn't help anybody that stepped out in front of her at that speed, I know.
I - and she - would really appreciate some answers from people that have experience in this area please so that she knows what to do next.
Cheers
From looking at the details on the NIP that was received, it appeared that the force had made an error and not sent it for some months after the offence - this actually happened to somebody else I know and he replied as my SiL did with the response of 'too late so this NIP isn't valid' or words to that effect as it should be posted inside of 14 days. In the original case that I knew of, he heard nothing more and considered himself lucky. However in my SiL's case the local force has replied to her email with an attachment of the original NIP basically stating that they are in the right, which I believe that they are, and my SiL has the standard 28 days to state who was driving at 47 in a 30 in January.
My questions are:
1. What is she likely to receive for 47 in a 30? She already has 6 points, not sure what for, assume at least 3 for speeding. I know, I know...
2. What, if anything, is she likely to receive for being a numpty and not updating her V5C details? She no longer has the car, her new one is hopefully registered correctly.
3. When she replies stating that she was driving are they likely to come back with a summons or a fixed penalty option bearing in mind the V5C issue? I don't believe that there were any other aggravating factors, car was fully road legal.
4. Should she lawyer up at this point to be in with a chance of keeping her licence?
Please feel free to reply stating that 47 in a 30 is a ridiculous speed to be doing - she knows and has had sleepless nights over this already. I'm hoping that this will be the wake up call she needs. If she gets 3 points and a fine I genuinely believe she will make a much better effort to control her speed. It's a case of not paying sufficient attention to the limit rather than her being some lunatic girl racer. Still wouldn't help anybody that stepped out in front of her at that speed, I know.
I - and she - would really appreciate some answers from people that have experience in this area please so that she knows what to do next.
Cheers
47mph in a 30 limit is (almost certainly, unless someone screws up) too high for a speed awareness course - a quick Google shows limit for a course is 10%+9pmh ( here) so 3pts + £100 fixed penalty. Won't be a summons unless already at 9pts so a totting up ban at 12pts would be under consideration.
Nothing likely to happen about V5 address but your SiL would be well advised to get better at admin once she's on 9pts,
Nothing likely to happen about V5 address but your SiL would be well advised to get better at admin once she's on 9pts,
bitcrusher said:
From looking at the details on the NIP that was received, it appeared that the force had made an error and not sent it for some months after the offence...
How many? AIUI they have 6 months from the date of offence to notify a court and I've been able to mess them around until after that point and not heard anything further. Aided somewhat by being at a speed where I was offered a speed awareness course. YMMV.768 said:
How many? AIUI they have 6 months from the date of offence to notify a court and I've been able to mess them around until after that point and not heard anything further. Aided somewhat by being at a speed where I was offered a speed awareness course. YMMV.
Interesting. The offence was towards the end of January so my SiL would need to mess them about for nearly 4 months. OK, she could reply to the NIP in about 26/27 days out of the 28 that she is allowed, that would still leave 3 months. I assume that the offer of a fixed penalty would come within a few weeks of that time, and that it would be a time limited offer. So she would have to refuse the fixed penalty toward the end of that period, and try to drag out getting the court date until the 6 months had elapsed. With 6 points already to her name that sounds like a pretty high stakes approach, I bet they don't let you rearrange the court date much...bad company said:
Just a thought. If that happened to Mrs BC or I we would honestly never remember who was driving at the time. Is it worth the op's sil saying 'don't recall who was driving'?
Cheers for the idea, but looking at another recent thread on here, I think the consensus is that the beak is wise to this little scam and would slap 6 points on for failure to furnish...bitcrusher said:
bad company said:
Just a thought. If that happened to Mrs BC or I we would honestly never remember who was driving at the time. Is it worth the op's sil saying 'don't recall who was driving'?
Cheers for the idea, but looking at another recent thread on here, I think the consensus is that the beak is wise to this little scam and would slap 6 points on for failure to furnish...Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff