Free Traffic Legal Advice

I received an NIP for 38 in a 30 when travelling back to London from a holiday in Devon on Easter bank holiday. Lord knows how I was flashed as it was nose to tail traffic the whole way, but there we go.

I am the registered keeper of my car and have the V5 document in my name, issued a year before the alleged offence. NIP was received well after 14 days so I wrote back saying I am the driver, however I reject the fixed penalty since it's time expired. The next letter I receive is a Single Justice Procedure, to which I plead (online) Not Guilty and write an explanation about why (14 day time expired, I am registered keeper etc.)

The next letter I receive is from the police stating that they sent the original NIP to BMW within the 14 days and therefore did I want to reconsider. I did some research which suggested to me that the DVLA having the wrong address on file is not a defence. As such I changed my online plea to Guilty.

The next letter is receive is a court summons asking me to attend court in bloomin' Bodmin of all places as it's an Equivocal plea. I presume the online pleading system did not erase my not guilty defence when I changed the plea to guilty.

Now do I really have to drive 5 hours to Bodmin to get told I have 3 points and a £400 fine? It's very inconvenient and my wife will be 37 weeks pregnant. I will go if there's a chance I might not receive the points? But it really does seem like a monumental waste of time. Can I just write to them and tell them really I just want to plead guilty and takes the points and fine? Or is it too far gone now?

Any advice appreciated.

NB. I currently have 3 points so no risk of a ban.

The V5 has got my address on it. No idea why the DVLA’s database is wrong but they have the address of BMW

It is not a motability car

When I received the SJP I originally pleaded Not Guilty online since I still understood the NIP to be time expired as I have a V5C with my name and address on it. It was after I pleaded Not Guilty that I received a separate letter from the police advising me that they had sent the NIP within 14 days to BMW. I then read online that DVLA having incorrect address is not a defense. So I changed my online plea to Guilty.

It was then I received a summons for Equivocal plea.

Yes but supplying details of the wrong keeper is not the same as supplying an address because you haven't notified them of a change.

I think you need to get to the bottom of why the DVLA have the RK down as BMW but your details on the V5C as a matter of course. If for no other reason than because this will continue to bite you in the arse. Do you receive notifications for road tax? 

If you are going to plead guilty, request that you be fined at the fixed penalty rate. However I would inform them of the general ****-up involved in this, with your V5C correct and dated a year before the offence and the Police reply saying they sent the first NIP to BMW.

Did you get to the bottom of how they found your address? Re-applied to DVLA? Insurance records? Was this bought new from BMW? Or ex-lease/finance vehicle, i.e. they were the previous owner to you.