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PostPosted: Thu Jun 02, 2005 12:24 
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Does the law state that there is a time limit from the time of the offence to when the prosecution letter is received by the driver?

Thanks for your help


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PostPosted: Thu Jun 02, 2005 12:50 
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Zappylady wrote:
Does the law state that there is a time limit from the time of the offence to when the prosecution letter is received by the driver?

Thanks for your help


After an alledged offence they must inform the registered keeper within 14 days. Unfortunately the driver may not hear about it for months if (s)he's not also the registered keeper.

These sorts of questions are generally best asked at:
http://www.pepipoo.com

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PostPosted: Thu Jun 02, 2005 13:34 
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Quote:
These sorts of questions are generally best asked at:
http://www.pepipoo.com


Yes they are. But don't go away Zappylady there aren't enough ladies on this forum.


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PostPosted: Thu Jun 02, 2005 13:48 
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fergl100 wrote:
Quote:
These sorts of questions are generally best asked at:
http://www.pepipoo.com


Yes they are. But don't go away Zappylady there aren't enough ladies on this forum.


That's true - I hope my previous post didn't seem 'unwelcoming'. Just to set the record straight:

:welcome:

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PostPosted: Thu Jun 02, 2005 13:57 
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If it's a Company car would I be the registered keeper or the Company?


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PostPosted: Thu Jun 02, 2005 14:01 
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Just to answer the direct question, there is no time limit with regards to receiving, just to sending to the registered keeper. The NIP doesn't actually have to be received at all, and failure to respond is likely to get a reminder sent, followed by conviction for failure to disclose the driver identity, followed by chase-up for failure to pay the fine. If you have a dodgy postman, the first you could know about it is when the baliffs turn up to collect your property.


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PostPosted: Thu Jun 02, 2005 14:44 
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Company Car depends on how the company have set things up. You might be the registered keeper, or the company might be, or the lease company. Whoever it is will always pass on the details because if they don't they are up for failure to disclose.

The only way out is if the car is a pool car and available to many drivers, when it might be possible to argue that it is not possible to identify the driver. Of course if you are a well know couple with good access to layers you can get away with this on a personal basis, like the Hamiltons who stated that they really didn't know who was driving at the time.


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PostPosted: Thu Jun 02, 2005 14:58 
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I have had a notice this morning, my first day back at work after an illness. The date of the alleged offence is stated as 2.5.2005 although I was off-sick on that day and was only doing local journeys to the hospital etc. and was not in the area stated as it is 100 miles from my home.


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PostPosted: Thu Jun 02, 2005 15:08 
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Look at Pepipoo for the best current advice, but I would think that you could request the photographic evedence to help identify the driver (they have to provide it). If you really weren't in that area, and the car wasn't borrowed (with or without you knowledge) then it might be a misreading of the number plate or a clone. Either way it should be obvious from the photo and you should then write back providing a photo of your car from the same angle as evidence.


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PostPosted: Thu Jun 02, 2005 15:14 
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I had a similar situation a couple of years back.

I couldn't remember recieving the NIP but did recieve a reminder some six months later. As it happened I no longer had the company car in question and reponded thus:

No recollection of recieving the NIP
No longer have the car
Car was issued to me but due to the nature of the business not used exclusively by me.
Given the above and the passage of time (6 ish months) please advise me as how best to comply with your request.

Response was letter saying no further action, but three paragraphs on the perils of speeding.

I was clearing out my desk a while later and guess what? found the NIP afterall!


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PostPosted: Thu Jun 02, 2005 15:28 
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Hi, thanks for your help. The car is only used by me and has been sitting on my drive since February only with occasional local use. Looking at my log I could have been in that area on the 2 February although this is four months ago. It is a lease car. I am going to write to them advising them that I wasn't in the area on the date as stated.


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PostPosted: Thu Jun 02, 2005 15:39 
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The first thing I would do is write to them simply asking for the photographic evidence. Less is more.

Try this

In order that I can assist you with your enquiries into the alleged speeding offence I request that you provide me with photographic evidence relating to this allegation.

I look forward to your prompt response in order for this matter to be concluded expediently


then use the photo to prove it can't be you.


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