3. Caught speeding Merseyside
« previous next »
Pages: 1 [2]

Author Topic: Caught speeding Merseyside  (Read 1747 times)

0 Members and 54 Guests are viewing this topic.

Re: Caught speeding Merseyside
« Reply #15 on: »
Quote from: Steve on June 13, 2024, 08:43:25 pm
https://imgur.com/a/h6ukTJA

Hopefully this works

So it was a NIP after all.

Might be easier if you started again from the beginning, didn't say that the letter you had received said the original had been sent to the wrong address, and instead told us what the link to the photographs actually said about the wrong address.

Best to get all your (or your partner's) information at your fingertips before posting...
Logged
Re: Caught speeding Merseyside
« Reply #16 on: »
There are two documents on those sheets of paper: one is the NIP and the other is a request for driver's details. They are subject to different legislation, particularly regarding timescales. Whilst a NIP has to be served on either the driver or the Registered Keeper within 14 days of the offence, the request for driver's details does not. It has no time limit.

If they are addressed to your partner she needs to respond to the request by providing the details of the person who was driving at the relevant time within the 28 days allowed. Failure to do so will see her commit a more serious offence which carries six points.

Whoever was driving may have a defence to any speeding charge if it can be shown that no NIP was served on either the driver or the Registered Keeper within 14 days and if not, there was no acceptable reason why not. You can perhaps tell us where this "wrong address" idea came from when you find out. But meanwhile the duty to respond remains.

The driver should be offered a course for that speed.
« Last Edit: June 14, 2024, 08:37:23 am by NewJudge »
Logged
Re: Caught speeding Merseyside
« Reply #17 on: »
Quote from: Steve on June 13, 2024, 07:39:02 pm
I never typed it out, I somehow managed to highlight the text from a picture and copy that. Seeing as I have no idea how to reduce image size on an iPhone I thought it was the next best thing.

Long story short, this isn’t my fine. It’s my partners who I am trying to help out but I’m currently away with work. I’m relaying what she is telling me. I know the v5 is correct as I’ve seen that. It is an NIP that she received through the post on 10/06 but offence date is 11/05. Is there grounds to fight this? By the sounds of it, Merseyside police messed up and originally sent the NIP to the wrong address.
Your partner would need to find out why the NIP was sent to the wrong address.  If the circumstances fit S2 RTOA 1988, then no NIP is needed and the prosecution of the speeding offence can continue without an NIP for your partner.
S1 may have been complied with if the Police National Computer (PNC) had the wrong address on it.  The RK address on PNC could be different to that on your partner's V5 registration document.  If that is the case then S1 is satisfied and the NIP is considered served...and if not then S2 applies anyway. 
Your partner could hope that someone at the police has used the wrong address, however, the address is transferred from DVLA to PNC to the police via data links.  Nobody at the police types the address. 
Logged
Re: Caught speeding Merseyside
« Reply #18 on: »
Quote from: istone on June 14, 2024, 05:07:08 pm
The RK address on PNC could be different to that on your partner's V5 registration document.  If that is the case then S1 is satisfied and the NIP is considered served...and if not then S2 applies anyway. 
Surely it's for a court to determine whether that was reasonable or not, not you or I.  And that would need far more facts as to how/why that we have right now.
Logged
There are motorists who have been scammed and those who are yet to be scammed!
Pages: 1 [2]
« previous next »
  3. Caught speeding Merseyside