Complicated speeding fine?
Complicated speeding fine?
Author
Discussion

SilverSport

Original Poster:

11 posts

184 months

Thursday 27th September 2018
quotequote all
I have a friend that has been caught doing 56mph in a 40mph zone, this is where things get complicated...

They had only bought the car 3 months ago, but the trader they bought it off didn't register the car in their new details and left it in the owners old details.

Que the now current owner (my friend) getting a call from the trader explaining they have been caught speeding but the old owner received the offence notice...

The car then gets registered in my friends details and low and behold a couple of days after registering, they got an offence letter stating the speeding, but, they received it about 20 days after the offence.

So, is my friend still liable for the points as the letter they got came 14 days after the actual offence (because they weren't actually the registered keeper of the car due to the trader not registering the change of ownership)

Or, should they just hold their hands up and pay it?

Answers on a post card please biggrin

KungFuPanda

4,641 posts

200 months

Thursday 27th September 2018
quotequote all
I’d say yes as the delay in sending the requisite notice out wasn’t the fault of the authorities but down to the trader/your friend not ensuring the V5 was sent off in a timely manner.

Plus I presume it was them who was actually speeding.

agtlaw

7,404 posts

236 months

Thursday 27th September 2018
quotequote all
SilverSport said:

So, is my friend still liable for the points as the letter they got came 14 days after the actual offence
Yes.

Mandat

4,633 posts

268 months

Thursday 27th September 2018
quotequote all
agtlaw said:
SilverSport said:

So, is my friend still liable for the points as the letter they got came 14 days after the actual offence
Yes.
Presumably this is subject to the initial NIP being sent to the RK within the statutory 14 days?

TooMany2cvs

29,008 posts

156 months

Thursday 27th September 2018
quotequote all
SilverSport said:
So, is my friend still liable for the points as the letter they got came 14 days after the actual offence (because they weren't actually the registered keeper of the car due to the trader not registering the change of ownership)
14 days is for the RK to get the first NIP.

For your mate to have got it in 20, it MUST have got to the old RK within that time.

SilverSport

Original Poster:

11 posts

184 months

Thursday 27th September 2018
quotequote all
KungFuPanda said:
I’d say yes as the delay in sending the requisite notice out wasn’t the fault of the authorities but down to the trader/your friend not ensuring the V5 was sent off in a timely manner.

Plus I presume it was them who was actually speeding.
That's fair, and yes it was actually them who was doing the speeding.

SilverSport

Original Poster:

11 posts

184 months

Thursday 27th September 2018
quotequote all
agtlaw said:
SilverSport said:

So, is my friend still liable for the points as the letter they got came 14 days after the actual offence
Yes.
Great, thank you. I'll pass that on.

Do you know what the likely penalty is for 56 in a 40 zone, it's their first offence.

agtlaw

7,404 posts

236 months

Thursday 27th September 2018
quotequote all
It's too fast for a course but you can avoid court proceedings by paying a £100 fixed penalty. 3 points will be endorsed on your licence if all conditions are met.

SilverSport

Original Poster:

11 posts

184 months

Thursday 27th September 2018
quotequote all
agtlaw said:
It's too fast for a course but you can avoid court proceedings by paying a £100 fixed penalty. 3 points will be endorsed on your licence if all conditions are met.
Cool, thanks for your help on this - I'll pass the info on to them.

anonymous-user

84 months

Thursday 27th September 2018
quotequote all
your mate should also read the david beckham speeding thread

Well I Never

28 posts

97 months

Thursday 27th September 2018
quotequote all
JPJPJP said:
your mate should also read the david beckham speeding thread
Which is based on a completely different issue. wink

anonymous-user

84 months

Thursday 27th September 2018
quotequote all
The friend should still read it though :-)

In this instance, I wonder if, as well as belatedly registering the car to it's new owner, the trader passed on the details of the new RK to the prior RK in order that the original NIP could be returned with the new owner named.

Not that it matters really, the speeding driver has been identified and held up his hands

joropug

3,070 posts

219 months

Thursday 27th September 2018
quotequote all
I had the same thing for my only ticket. 14 days to get it to registered keeper doesn't matter if it's the wrong one.