Free Traffic Legal Advice

Hi,

I received in the post 2 letters:

Letter 1 - Dated 28th June
"Enquiries with the DVLA in relation to the above numbered notice suggest that the address detail held on record is incorrect..."

Letter 2 - Dated 29th June
Notice of Intended Prosecution - "Speeding - exceed temporary restriction of 30mph on a motorway" on 16/04/2024. The vehicle was recorded at a speed of 38mph. The alleged offence was detected with the aid of safety camera equipment.

During lockdown I updated my driving licence to be at my parents address as I moved in with them, my car was still registered to my usual address.

I'm guessing that this is why I received the letter on the 28th June - presumably as they noticed some discrepancy between my driving license and my V5C document. I am the registered keeper. There has not been anything sent to me at my parents address (where my drivers licence is registered).

It seems that the NIP was dated 74 days after the incident, what are my options if I believe I was not notified within the required 14 day window?

Thanks :-)

Are you saying you received nothing at the address where the vehicle is registered either?

The police send any notices regarding the vehicle to the address of the Registered Keeper, as held by the DVLA and a shown on the V5C. They cannot use a driver's licence address because the law says it must be sent to the RK's address. Apart from that they do not know who the driver was. Along with the NIP you will probably find a  "request for driver's details" which you must respond to.

Your options are somewhat limited. In fact you have only one: to respond to that request for driver's details to ensure that (a) you do not commit a separate, more serious offence of failing to do so and (b) to be in time for the police to offer whoever was driving any out-of-court solutions they think fit.

When the issue of the two different addresses is clarified, whoever was driving may have a defence if no NIP was properly served. But that's a bit confusing with the information you have provided.

Of course the V5c you have may not be the latest one issued, all you can do is
1/ Check online when the last change to your V5c was made - https://vehicleenquiry.service.gov.uk/ the summary page will give "Date of last V5C (logbook) issued" in the second to last line.
2/ Contact DVLA and ask.
3/ Make the point in a letter attached to your reply naming the driver

Do 1/ first as a quick and easy check.

The police have sent a letter, which on the face of it appears to be utter bollox, dated a day before the NIP, hinting at an excuse for serving the NIP late.

"The police" in this case will be a civilian department operated largely on the same principles as a sausage machine, funded by questionable practices.

Whilst I would not necessarily automatically trust any information provided by them, in the first instance (having already checked the V5C) I would be phoning the CTO and politely asking what is going on.

N.B. To my recollection, this is the second case we have seen with such a letter.

so as NewJudge suggests I will respond to the request for information and see what happens.

The Police are rarely interested in prosecuting the 'failing to furnish' (drivers details) offences unless left no choice, here they have caught up with you in good time, reply promptly and it's all but certain they will now only progress the original offence. For 38/30 you will almost certainly be offered an awareness course (cost £100) to dispose of the allegation, it it gets past 120 days then it will be an offer of a Fixed penalty (3pts/£100) which could 'just' happen if you reply right at the end of the time (assuming they have given you 28 days) and they are slow processing your response.