Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: farenheit on October 08, 2023, 01:36:18 pm
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The legal aspect requires YOU (not the P.O.) to provide the details and documents. It's thus up to YOU to demonstrate what you have attempted.
Twaddle. The requirement is that the information is provided - which, unless the Interpretation Act is disapplied, means delivered.
It is about whether the notice was served, not what the OP did or did not do - although if it goes to court because of late service, it may well affect whether the OP is sentenced at the fixed penalty level (matters outside of his control).
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Was delivered today after the deadline :'(
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The legal aspect requires YOU (not the P.O.) to provide the details and documents. It's thus up to YOU to demonstrate what you have attempted. It looks like you've sent it 'signed for' (why?) at the last minute (why?)? It may be that address is a mailbox so there's no-one there to sign for it so it will continually bounce back. Given they're potentially preparing to issue procedings, I'd suggest you a) get the letter returned to you (as it contains your licence/ did they ask for that?), b) resend immediately if time allows by 1st Class post whilst getting a delivery receipt and contact the FPO and explain the situation.
If you drag your heels though, it may not end well.
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I think I may not have 'expressed' myself correctly.
I understand that it needs to be delivered.
What I don't get is, how royal mail failing to deliver a next day guaranteed delivery is me not satisfying said requirement.
Sorry, not clued up with the legal aspect, if that helps.
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The requirement is satisfied when the information is delivered to the correct address. On the face of it, this has not happened yet. I'm not sure which part of that you are finding difficult to understand, or why you were seemingly so obsessed with tracking the form if you did not understand that it needs to be delivered.
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I don't understand how I haven't?
It was sent by next day delivery but out of my control that it's not been delivered.
Terrific!!
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On the face of it, you have so far not satisfied the requirement to provide your identification details to the relevant person.
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Nope not an issue with the delivery address. See address + postal receipt.
Where do I stand now?
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Reads to me like the post office attempted to deliver to a business address on a Saturday and have been in a tail spin ever since. Presumably still using Fujitsu software.
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This reads like there is an issue with the address you have provided......it may not be viewed favourably therefore?
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Still not delivered >:(
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Paid the fine online and sent the paper counterpart with my license details.
My understanding is, this also needs to be received by the 31st
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Depends on what 'the letter' is.
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And today
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So where do I stand if royal mail keep failing to deliver the letter??
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The last correspondence I received (06/01/2024) is dated 03/01/2024
So with an offence date of 9/08/23 they must start proceedings by 08/02/24, you have until 31/01 to accept the offer or gamble on them failing to commence proceedings (by raising the written charge) in that week. It's a big gamble but has some chance of paying off.
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Well that sux out of no fault of mine :'(
Maybe, but you borrowed the car (insured one hopes) and exceeded the limit? We've nearly all done it (the latter!). However 3 points is no big deal (unless you have some) and barely affects insurance and the course is +/- the same cost as the fine, so little lost in reality!
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The last correspondence I received (06/01/2024) is dated 03/01/2024
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What is the date of the fixed penalty offer?
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Well that sux out of no fault of mine :'(
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Due to the delay - caused by the RK's lateness in updating the V5C, the course isn't on offer as the offence is now too close to timing out (6 months). so the option is pay the £100 or go to court. The latter requires a defence of course! Courts cannot reinstate the course.
Unless you already have points, 3 on your licence are pretty much irrevant.
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The response just asked me to send acceptance of course to the address and nothing else and to await a response.
That's exactly what I did. I still don't understand! I didn't receive any correspondence for arranging the speed awareness course.
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As above, the courses normally have to be completed within four months of the offence, so too late.
Since you accept guilt, the best option now is to accept the offer of the fixed penalty. Don't forget to supply your licence details when you pay.
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Apologies I had to re-register as I no longer have access to my old email account.
Anyhow, I responded to this and selected the option to do the training, however I didn't hear anything back until today.
I received a conditional offer of fixed penalty which is either the fixed penalty or court hearing.
I have a receipt for the original response I sent.
Any advice?
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...Also is this online as they work during the week?...
Where I live an online course is the only option. I'm doing one next week.
But "online" doesn't mean you can just log into it and do it at any time you choose.
They're proper courses with other participants hosted via Zoom that you have to book in advance. I may be wrong, but I suspect they may only be scheduled Monday to Friday, 9 to 5.
You'll have to wait to see what you're offered after your brother has identified you, and you've received and returned your own s172 request.
You need to have completed the course within 4 months of the original offence. (Or that's the case round here anyway...)
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No because until the change was processed by DVLA then neither they nor the Police would have known. Why did it take so long, just out of interest?
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Fair enough.
Just to clarify, I can go ahead with the re-training?
Also, is online an option for this?
Does it make a difference that he acquired the vehicle on the 13th March 2023 which it also states on the logbook?
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No defence for you there.
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So he wasn’t the RK at the time of the offence?
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1. Is he absolutely sure he's the Registered Keeper? YES
2. Do he have the V5C in his possession, YES
3. Are the name and address correct? YES
4. Any change of car or address in the recent past? NO
He has advised me V5 was issued on 10 of August.
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OK, is he absolutely sure he's the RK? Does he have the V5C in his hand, and are the name and address correct? Any change of car or address in the recent past?
It is very (vanishingly) rare for the first NIP to be sent outside the required time limit. It usually turns out that the car is leased etc., and the 'owner' is not in fact the RK.
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Thanks for the reply,
I was just being cautious with the information.
I was the driver and the car belongs to my brother who is the registered keeper.
He received the nip today 08th October 2023. So outside the 14 days.
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Who is the Registered Keeper? Did they receive a NIP within 14 days? Who was driving? Where do you fit in to all this?
I'm afraid I find your account a bit jumbled.
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I know another post r.e speeding over the specified limit.
I'm not even sure what happened, I'm thinking a van may have been parked and took the reading.
As for the paper work, what do I cover up before posting on here? P.S the vehicle is registered to someone else, someone else was the driver and the correspondence was received by the registered keeper regarding the above alleged offence.
Does the driver just take the course and be done with? Also is this online as they work during the week?
Also just to add, the alleged offence took place on the 09th August 2023 and the NIP is dated 05th October 2023.
Thank you