Speeding fine question

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Discussion

tinman0

Original Poster:

18,231 posts

242 months

Friday 18th July 2008
quotequote all
A friend used my van (extensively) last month whilst I was out of the country and picked up a speed fine from a camera.

Got the letter from Surrey Police and sent it back with his details.

He has the letter from the cops giving him a conditional offer of 3 points, but he hasn't responded to it yet.

What happens if he didn't respond to it, and more importantly, is there any come back on me?

Dwight VanDriver

6,583 posts

246 months

Friday 18th July 2008
quotequote all
If they have sent him a 172 for him to give information of the driver (himself) on the date of the incident then he has 28 days to reply. Failure to do so = offence - Court proceedings- Max fine £1,000, discretionary disqualification - SIX points.

They may even consider using owner as a witness that he was driving(?) and throw in a speeding charge as well.

Whereas if he was the driver, signs and returns the 172 in time, providing he has less that 9 active points already on his Licence - no Court - pay £60 get THREE points under the Conditional Offer scheme.

If he chooses to ignore the Conditional offer once made then the speeding charge will be taken to Court and as a result fine,points extras in CPS Prosecution costs (£30 -£60) and £15 Victim Support donation.

Nothing on owner of van unless documentation offences dislosed - Insurance, tax, Mot.

dvd

[footnote]Edited by Dwight VanDriver on Friday 18th July 15:00

Edited by Dwight VanDriver on Friday 18th July 15:04

SS2.

14,485 posts

240 months

Friday 18th July 2008
quotequote all
tinman0 said:
He has the letter from the cops giving him a conditional offer of 3 points, but he hasn't responded to it yet.
So did he nominate himself as the driver in response to an earlier NIP / s.172 sent to him, or has he received one of those combined NIP / s.172 / CoFPs ?

tinman0 said:
What happens if he didn't respond to it, and more importantly, is there any come back on me?
If he has responded to an earlier s.172 request and nominated himself as the driver, but chooses to ignore the CoFP and any reminders, then he would be liable to be summoned for the alleged speeding offence.

If it is a combined NIP / s.172 / CoFP form (Kent issue these, amongst others), and he fails to respond, then he would be liable to be summoned for failing to provide driver details (6 points, £300 fine, insurance premium hike).

By the sounds of it, you have fulfilled your s.172 obligations and, assuming that he was otherwise legally driving your van (insured, for instance), then there should not be any comeback on you ie you will not face any action simply because your friend chooses to ignore correspondence from the police.

tinman0

Original Poster:

18,231 posts

242 months

Friday 18th July 2008
quotequote all
I did my bit, and I think he's confirmed he was the driver and what I've seen is the final bit "send your license and £60 to us and you only get 3 points" letter.

And don't even go there with the insurance. Its a commercial van and not a car, and he didn't have my permission to use it at the time.

SS2.

14,485 posts

240 months

Friday 18th July 2008
quotequote all
I assume he realises that the 3 points and £60 currently on offer pale into insignificance when compared to the penalties which could be imposed for driving without insurance and twoccing ?

Dwight VanDriver

6,583 posts

246 months

Friday 18th July 2008
quotequote all
Quick SS

Tick the box that's another crime we have solved....

dvd

Edited by Dwight VanDriver on Friday 18th July 15:48

tinman0

Original Poster:

18,231 posts

242 months

Friday 18th July 2008
quotequote all
SS2. said:
I assume he realises that the 3 points and £60 currently on offer pale into insignificance when compared to the penalties which could be imposed for driving without insurance and twoccing ?
You'd think wouldn't you.