ChatterBank2 mins ago
speeding fixed penalty
Just recieved a fixed penalty (37mph in a 30) the offence was dated 31/08/2007 the date issued is 06/12/2007,
The problem is I have no idea whether myself or the wife was driving, As it was school hols we could have both been taken them somewhere, Any thoughts/
The problem is I have no idea whether myself or the wife was driving, As it was school hols we could have both been taken them somewhere, Any thoughts/
Answers
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Yeah you can go to your council.....if it is a decent one..go to where you would appeal against any parking fine and ask to see the evidence (this information should and always be available to you under the freedom of information act.....if they have information on you, then you should be able to see any information they are holding against you)
Hi, it used to be that the notice had to be issued within 28 dyas of the offence, as it was unreasonable for you to be aware of the offence you had comitted at that time.
however , I've looked on the web and can no longer find details of the 28 day time limit.
I've put a link on to a police website which gives details of faq's. It seems to be if you can't remember then the registered keeper will be called to court.
I would get a quick phone call to your solicitor or legal advice line on your insurance if you have it, just to check, it might save you 3 points and �60, more if you contest it, you are unlikely to get less if you contest it.
http://www.devon-cornwall.police.uk/v3/roadsaf e/fxpenfaq/index.htm
however , I've looked on the web and can no longer find details of the 28 day time limit.
I've put a link on to a police website which gives details of faq's. It seems to be if you can't remember then the registered keeper will be called to court.
I would get a quick phone call to your solicitor or legal advice line on your insurance if you have it, just to check, it might save you 3 points and �60, more if you contest it, you are unlikely to get less if you contest it.
http://www.devon-cornwall.police.uk/v3/roadsaf e/fxpenfaq/index.htm
(2 part answer)
Firstly, I don�t know why metalli121 is recommending you approach the local council. This has nothing to do with them.
This is not quite so straightforward as �honestjohn� would have you believe. Some of the information on that site is helpful, some not.
Firstly, it is correct that a Notice of Intended Prosecution (NIP) must be sent to the registered keeper so as to arrive (in normal circumstances) within 14 days of the alleged speeding offence. The Registered Keeper then has 28 days to identify the driver.
In your case (where I assume the first you heard of all this was shortly after 6th December) you have a strong case to argue that you cannot possible remember who was driving more than three months previously. However (and this is where I part company with honestjohn) if you either ignore the request for information, or you return it saying you do not know who was driving, that will not see the end of the matter.
Despite honestjohn�s assertions to the contrary, Section 172 of the Road Traffic Act most certainly does provide a statutory obligation upon Registered Keepers to provide driver�s details when requested. Section 172 para 2a reads:
�...the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police...�
As far as the Act goes, this obligation is not time-bound to any alleged offence. If you return the papers saying driver unknown you will almost certainly be summonsed under S172. You will need to answer the summons, plead not guilty and argue your case along the lines suggested by honestjohn (the passage of time making it impossible to remember, etc.).
Firstly, I don�t know why metalli121 is recommending you approach the local council. This has nothing to do with them.
This is not quite so straightforward as �honestjohn� would have you believe. Some of the information on that site is helpful, some not.
Firstly, it is correct that a Notice of Intended Prosecution (NIP) must be sent to the registered keeper so as to arrive (in normal circumstances) within 14 days of the alleged speeding offence. The Registered Keeper then has 28 days to identify the driver.
In your case (where I assume the first you heard of all this was shortly after 6th December) you have a strong case to argue that you cannot possible remember who was driving more than three months previously. However (and this is where I part company with honestjohn) if you either ignore the request for information, or you return it saying you do not know who was driving, that will not see the end of the matter.
Despite honestjohn�s assertions to the contrary, Section 172 of the Road Traffic Act most certainly does provide a statutory obligation upon Registered Keepers to provide driver�s details when requested. Section 172 para 2a reads:
�...the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police...�
As far as the Act goes, this obligation is not time-bound to any alleged offence. If you return the papers saying driver unknown you will almost certainly be summonsed under S172. You will need to answer the summons, plead not guilty and argue your case along the lines suggested by honestjohn (the passage of time making it impossible to remember, etc.).
(cont�d)
The good news is that the as soon as S172 kicks in the speeding matter will be discontinued and it should not be too difficult for you to prove your S172 defence before the magistrates.
The important thing is to answer the paperwork and engage in the process. If you simply ignore it you will be summonsed. If you ignore the summons there is a good chance of you being convicted in absence. The penalty for S172 offences has recently been increased to six points. Do not get involved in asking for photographs to help you with identification � they rarely do anyway. Keep your argument simple and base it upon the late issue of the NIP.
One further issue worth addressing is that honestjohn explains that there is a statutory time limit of six months after which these offences cannot be prosecuted. This is correct. However, although the speeding matter is �timed out� at the end of February, the clock for the S172 offence does not begin until the 28 days for you to provide information expires (around 4th January). So prosecution for that offence can be launched up to early July.
Hopefully somewhere in the process common sense will prevail in the Fixed Penalty Office, but don�t hold your breath!
The good news is that the as soon as S172 kicks in the speeding matter will be discontinued and it should not be too difficult for you to prove your S172 defence before the magistrates.
The important thing is to answer the paperwork and engage in the process. If you simply ignore it you will be summonsed. If you ignore the summons there is a good chance of you being convicted in absence. The penalty for S172 offences has recently been increased to six points. Do not get involved in asking for photographs to help you with identification � they rarely do anyway. Keep your argument simple and base it upon the late issue of the NIP.
One further issue worth addressing is that honestjohn explains that there is a statutory time limit of six months after which these offences cannot be prosecuted. This is correct. However, although the speeding matter is �timed out� at the end of February, the clock for the S172 offence does not begin until the 28 days for you to provide information expires (around 4th January). So prosecution for that offence can be launched up to early July.
Hopefully somewhere in the process common sense will prevail in the Fixed Penalty Office, but don�t hold your breath!
thanks everybody for your answers regarding speeding fine we are going to get solicitors advice we have sent the papers back in to police. we became registered keepers in april so the loophole that it takes longer if you have just become keepers of vehicle cannot apply.will let you know what advice solicitor gives us just un case anyone else finds themselves in this situation.
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