Son's speeding ticket - possible get out?
Discussion
My son's been done for doing 38 in a 30 - through a village. Not surprised by his reaction of - yeah, I saw a copper there with a hairdryer etc ... ffs!
0 points for paying f
king attention then ... and disappointed as he only passed his test in November, even though he is 24!
Anyway, got the usual letter through saying about who was driving etc (him) which he needs to send back in I believe, 28 days. Although this is the first communication, it says INTENDED NOTICE OF PROSECUTION at the top.
I thought this had to be received by the registered owner within 14 days of the offence? The offence happened in early December last year. As this hasn't been, is it possible to argue they have not complied with the law and therefore the intended prosecution cannot continue?
On this 14 day thing, it's unclear from what I can find online whether WHAT WE HAVE RECEIVED has to be received in the post within 14 days of the offence or the next letter, saying errr, you owe us £100 or so and here's three points) has to be received within 14 days of him sending the completed form back admitting to being the driver ...
??
Help appreciated. Thanks
0 points for paying f
king attention then ... and disappointed as he only passed his test in November, even though he is 24!Anyway, got the usual letter through saying about who was driving etc (him) which he needs to send back in I believe, 28 days. Although this is the first communication, it says INTENDED NOTICE OF PROSECUTION at the top.
I thought this had to be received by the registered owner within 14 days of the offence? The offence happened in early December last year. As this hasn't been, is it possible to argue they have not complied with the law and therefore the intended prosecution cannot continue?
On this 14 day thing, it's unclear from what I can find online whether WHAT WE HAVE RECEIVED has to be received in the post within 14 days of the offence or the next letter, saying errr, you owe us £100 or so and here's three points) has to be received within 14 days of him sending the completed form back admitting to being the driver ...
??
Help appreciated. Thanks
Chances are he's missed the first letter, but it's worth checking before paying it. It's hilarious how some people on here say you should pay these things regardless because you've "done wrong". They're perfectly happy to enforce laws on technicalities so if you can get out of it on a technicality you may as well do so.
I'm with you Tonks, don't worry ... I've already bawled him out over it ... but please don't come the high-horsed tit with this daddy bks as though he is fking babied. I am asking the question - which you haven't answered. No he hasn't hidden the first bit - this IS the first bit. I know from my own experience 
Okay, registered KEEPER then (ffs) - it's him, at our address.
ks as though he is fking babied. I am asking the question - which you haven't answered. No he hasn't hidden the first bit - this IS the first bit. I know from my own experience Okay, registered KEEPER then (ffs) - it's him, at our address.
Edited by uk66fastback on Friday 12th February 14:33
uk66fastback said:
My son's been done for doing 38 in a 30 - through a village. Not surprised by his reaction of - yeah, I saw a copper there with a hairdryer etc ... ffs!
0 points for paying fking attention then ... and disappointed as he only passed his test in November, even though he is 24!
Anyway, got the usual letter through saying about who was driving etc (him) which he needs to send back in I believe, 28 days. Although this is the first communication, it says INTENDED NOTICE OF PROSECUTION at the top.
I thought this had to be received by the registered owner within 14 days of the offence? The offence happened in early December last year. As this hasn't been, is it possible to argue they have not complied with the law and therefore the intended prosecution cannot continue?
On this 14 day thing, it's unclear from what I can find online whether WHAT WE HAVE RECEIVED has to be received in the post within 14 days of the offence or the next letter, saying errr, you owe us £100 or so and here's three points) has to be received within 14 days of him sending the completed form back admitting to being the driver ...
??
Help appreciated. Thanks
The NIP has to be sent to the Registered Keeper such that it can reasonably be expected to arrive within 14 days of the offence.0 points for paying f
king attention then ... and disappointed as he only passed his test in November, even though he is 24!Anyway, got the usual letter through saying about who was driving etc (him) which he needs to send back in I believe, 28 days. Although this is the first communication, it says INTENDED NOTICE OF PROSECUTION at the top.
I thought this had to be received by the registered owner within 14 days of the offence? The offence happened in early December last year. As this hasn't been, is it possible to argue they have not complied with the law and therefore the intended prosecution cannot continue?
On this 14 day thing, it's unclear from what I can find online whether WHAT WE HAVE RECEIVED has to be received in the post within 14 days of the offence or the next letter, saying errr, you owe us £100 or so and here's three points) has to be received within 14 days of him sending the completed form back admitting to being the driver ...
??
Help appreciated. Thanks
Their main caveat is if the car recently changed owners.
anonymous said:
[redacted]
Have you got a problem Tonks?? What is this daddy bks - do you know me and our relationship? I am asking a question and I'd have expected more intelligent responses from someone with your education - not some 'you're asking the question to get him off no matter what, he's spoilt and babied, let him grow up etc ste ...Incredible. Let's hope you can help 'your little man' when he's old enough.
anonymous said:
[redacted]
This should have been your first reply 
I am NOT the registered keeper. He is. The car was bought by him in late November. The offence was on Dec 5th. The NIP was received today - and is dated Feb 11 (yesterday) - I am asking the question, that is all ... I think he should be done for it if he has committed the offence - he really woke up when I told him if he is done AGAIN, inside two years, he would lose his licence.
uk66fastback said:
This should have been your first reply
I am NOT the registered keeper. He is. The car was bought by him in late November. The offence was on Dec 5th. The NIP was received today - and is dated Feb 11 (yesterday) - I am asking the question, that is all ... I think he should be done for it if he has committed the offence - he really woke up when I told him if he is done AGAIN, inside two years, he would lose his licence.
When did he send back the notice of new keeper to DVLA and when did he get the new V5C ? I am NOT the registered keeper. He is. The car was bought by him in late November. The offence was on Dec 5th. The NIP was received today - and is dated Feb 11 (yesterday) - I am asking the question, that is all ... I think he should be done for it if he has committed the offence - he really woke up when I told him if he is done AGAIN, inside two years, he would lose his licence.
Certainly within a day or two of it being purchased ... last week in November roughly ...
I presume the V5 was received a week or two later (however long the DVLA take to process them) ...
For all I know - bearing in mind the offence was committed first week in Dec, this is now two months later - he could have racked up another couple of offences since - sorry to disappoint you Tonks, but I don't sit next to him on every journey, holding his hand and asking him if there is anything I can do to make his life sweeter.
I presume the V5 was received a week or two later (however long the DVLA take to process them) ...
For all I know - bearing in mind the offence was committed first week in Dec, this is now two months later - he could have racked up another couple of offences since - sorry to disappoint you Tonks, but I don't sit next to him on every journey, holding his hand and asking him if there is anything I can do to make his life sweeter.
Geekman said:
anonymous said:
[redacted]
He's been an idiot for doing 38 in a 30? That must mean almost every driver in the UK is an idiot then. I find this kind of attitude equally as irritating as those who moan about getting caught and claim it's entrapment or some associated b
ks.OP, it's deemed to have been served if it arrived at the registered keepers address with 14 days plus I'd add 2 more. If it arrived after that and you have some way of proving so ie the postmark or statements from the postman or others then you can rebutt correct service. It's a technicality but 'they' should abide by the rules if they expect you to.
On the NIP you can select the option to go to court instead of paying the fine/doing an awareness course. Make sure he completes the NIP straight away as failure to do this carries a more severe punishment. Then you/he can argue the toss about incorrect delivery with the nice people who wrote to him in the first place.
On the NIP you can select the option to go to court instead of paying the fine/doing an awareness course. Make sure he completes the NIP straight away as failure to do this carries a more severe punishment. Then you/he can argue the toss about incorrect delivery with the nice people who wrote to him in the first place.
Thanks for the more considered reply Tonks. I don't know what we'll do yet - I won't be spending hours doing it that is for sure. He can fight this - he is 24, not 17 
From his reaction to learning of this - ie he has to go online, investigate the possibilities and then DO IT HIMSELF if there are grounds, that will decide how seriously he is taking this and whether he will learn from it.
AT 17 I stuffed my Gt125 Suzuki into the back of a car driving in Summertown in Oxford, admiring myself in the shop windows. Lets just say it concentrated the mind somewhat and I never had another incident while on a bike ... let's hope this experience however it turns out makes him pay a bit more attention and keep to the limit.
From his reaction to learning of this - ie he has to go online, investigate the possibilities and then DO IT HIMSELF if there are grounds, that will decide how seriously he is taking this and whether he will learn from it.
AT 17 I stuffed my Gt125 Suzuki into the back of a car driving in Summertown in Oxford, admiring myself in the shop windows. Lets just say it concentrated the mind somewhat and I never had another incident while on a bike ... let's hope this experience however it turns out makes him pay a bit more attention and keep to the limit.
Boosted LS1 said:
OP, it's deemed to have been served if it arrived at the registered keepers address with 14 days plus I'd add 2 more. If it arrived after that and you have some way of proving so ie the postmark or statements from the postman or others then you can rebutt correct service. It's a technicality but 'they' should abide by the rules if they expect you to.
On the NIP you can select the option to go to court instead of paying the fine/doing an awareness course. Make sure he completes the NIP straight away as failure to do this carries a more severe punishment. Then you/he can argue the toss about incorrect delivery with the nice people who wrote to him in the first place.
Cheers Boosted. As stated earlier the letter (NIP) is DATED Feb 11.On the NIP you can select the option to go to court instead of paying the fine/doing an awareness course. Make sure he completes the NIP straight away as failure to do this carries a more severe punishment. Then you/he can argue the toss about incorrect delivery with the nice people who wrote to him in the first place.
Offence is shown as Dec 5, 2015.
uk66fastback said:
Boosted LS1 said:
OP, it's deemed to have been served if it arrived at the registered keepers address with 14 days plus I'd add 2 more. If it arrived after that and you have some way of proving so ie the postmark or statements from the postman or others then you can rebutt correct service. It's a technicality but 'they' should abide by the rules if they expect you to.
On the NIP you can select the option to go to court instead of paying the fine/doing an awareness course. Make sure he completes the NIP straight away as failure to do this carries a more severe punishment. Then you/he can argue the toss about incorrect delivery with the nice people who wrote to him in the first place.
Cheers Boosted. As stated earlier the letter (NIP) is DATED Feb 11.On the NIP you can select the option to go to court instead of paying the fine/doing an awareness course. Make sure he completes the NIP straight away as failure to do this carries a more severe punishment. Then you/he can argue the toss about incorrect delivery with the nice people who wrote to him in the first place.
Offence is shown as Dec 5, 2015.
He needs to check the DocRef date on his V5. If that date is before the date of the alleged offence then he may well have a defence against the speeding charge. If the DocRef is after the date of the offence then the original NIP would more than likely have been sent to the old owner. It is only the initial NIP that needs to be served within 14 days of the offence.
I'm assuming the letter he received is a combined s172/NIP, and it asks him to identify the driver? If this is the case make sure he completes the paperwork identifying the driver, failure to do so could land him with 6 points and a fine. A late NIP doesn't remove the obligation under s172.
I'm assuming the letter he received is a combined s172/NIP, and it asks him to identify the driver? If this is the case make sure he completes the paperwork identifying the driver, failure to do so could land him with 6 points and a fine. A late NIP doesn't remove the obligation under s172.
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