Speeding tickets...AGAIN!

[InkedMuttley]

No I've not got another one but I'd like advice on the issue I had before. Now I know that they have 14 days to present you with the NIP now my question is this:

 

The seller of my car has just today informed me that the old registered keeper has just had my NIP through the door...Now I've been stopped twice by fuzz after the night I got flashed and both times they've said that the car is indeed registered in my name etc etc...Yet the speeding ticket went through to the old owner's address, but he says he didn't get it until yesterday (monday) - Outside of the 14 days they have to serve you with the NIP. 14 days was up last wednesday meaning it's now 21 days...

 

Can I now contest this or can they even enforce it?

[Rob 4x4]

Peipoo will be best place for advice, I believe if the nip was sent to previous owner (due to recent purchase etc) the 14 day rule is not useable but don't quote me on that.

[Huskoda]

It wouldn't make sense to have the 14 day limit when they're hunting for the new owner, since you get 28 days to send back the nip to tell them you sold the car. If they send to the last registered keeper within the 14 days, that'll be their end of the deal kept.

[Dr Zoidberg]

What are the exact dates at which you bought the car, sent off the V5 and were then photographed speeding?

If the DVLA haven't yet had time to process paperwork, meaning it was sent to the old keeper that doesn't mean you automatically get away with it.
Once the incorrect NIP has been returned they then have more time to send out a replacement to you.

 

Were you actually speeding? If so, pay up.

[Irvtheswerv]

The obligation in on the prosecution to show that they served the NIP within 14 days of the offence at the last known address, served on the offender or the registered keeper of the vehicle.

 

Basically yours is a technicality that you'll have to attend court with a good solicitor to wriggle your way out of.  It all depends on when you bought your car I guess.  But a problem at the DVLA does not preclude a prosecution.  It'll cost you way more to attempt to get out of it than the cost of the fine. 

[InkedMuttley]

Dr Zoidberg, I feel you have not yet read my OP stating that I was worried I had been flashed. Yes I was quite obviously a little over the speed limit which was down to the fact that I was having to guess my speed due to a faulty speedo cable. Speedo cable is now rectified. The fact of the matter is that if I do get a speeding ticket I'll be kicked out of the job I love as it's policy that if you get 3 points they have to let you go...No excuses.

 

The exact date i brought the car was the 17th of September and I assume it would of been the 18th that the seller sent the logbook off, the date I got flashed on the 25th of September yet the ticket has gone to the old owner's address which I cannot work out as I was stopped by the police on the 22nd of September as I had inadvertently clicked my fog light switch, when they run my details the car came up as being registered to me...

 

So why was it when I was stopped a few days previously my details came up and I was the registered owner, yet the night I got flashed I wasn't the owner?

[Brimma]

How much is "a little bit" over?

[InkedMuttley]

How much is "a little bit" over?

 

Not too sure yet I haven't actually got the NIP in my possession yet, I was contacted by the seller for my address so they could forward the NIP onto me.

[InkedMuttley]

I know it wasn't much, I'd be surprised if it was over 31 to be honest as at the time it was misfiring.

[littleade]

How much is "a little bit" over?

enough over to trigger the camera.... Trouble is IIRC the general principle of 'x'mph plus 'y'%' are only ACPO guidelines so if they want to lower that locally there's not a lot you can do because by definition anything over is committing the offence. Personally I'd pay the fine and use the solicitor to try and save your job because that rule seems way over the top to me and an unrealistic expectation on their part. Even police officers who book people for motoring offences can have points on their licence. I'd keep quiet about the speedo as you were also knowingly driving a defective vehicle too which could also be used against you.

Good luck

[Brimma]

I know it wasn't much, I'd be surprised if it was over 31 to be honest as at the time it was misfiring.

You wouldn't generally get a NIP for anything less than 34/35

[Brimma]

enough over to trigger the camera.... Trouble is IIRC the general principle of 'x'mpg ply 'y'%' are only ACPO guidelines so if they wan to lower that locally there's not a lot you can do because by definition anything over is committing the offence. Personally I'd pay the fine and use the solicitor to try and save your job because that rule seems way over the top to me and an unrealistic expectation on their part. Even police officers who book people for motoring offences can have points on their licence. I'd keep quiet about the speedo as you were also knowingly driving a defective vehicle too which could also be used against you.

Good luck

I'm not quite sure how employing a solicitor is going to save your job TBH

[kevberlin]

Sometimes it is just easier, and more cost efficient, to bite the bullet.

[patrolman]

I have had two NIP one was a fail to inform and one was a toting ban in both cases i used this law firm recommended by my company,

and in both cases all charges were dismissed,you cant fight these things on your own even if your in the right, they give advise and a quote on costs on first call.

 

  http://www.pattersonlaw.co.uk/

[Brimma]

I have had two NIP one was a fail to inform and one was a toting ban in both cases i used this law firm recommended by my company,

and in both cases all charges were dismissed,you cant fight these things on your own even if your in the right, they give advise and a quote on costs on first call.

http://www.pattersonlaw.co.uk/

And how much did your 'get out of jail free' card cost?

[patrolman]

And how much did your 'get out of jail free' card cost?

the first one was £600 and the second because i needed a barrister cost £1200 but the second case because I won my case I  claimed my costs back,

the first case the court couldn't add up correctly so when i got my licence back I had to many points and was a totter but the lawyer sorted it out with a few letters to the court.

[Phil-E]

Just pay up.

 

You knowingly chose to drive a vehicle without a functional speedometer.

 

No way you can wriggle out of it.

 

Phil

[Brimma]

the first one was £600 and the second because i needed a barrister cost £1200 but the second case because I won my case I claimed my costs back,

the first case the court couldn't add up correctly so when i got my licence back I had to many points and was a totter but the lawyer sorted it out with a few letters to the court.

I hate bullshting barristers

[patrolman]

I hate bullshting barristers

She was very good and shot there brief down in flames. 

[David 8]

I hate bullshting barristers

 

 

That'll be all of them then !!

 

Sounds like the OP had better call Saul 

[Dr Zoidberg]

I know it wasn't much, I'd be surprised if it was over 31 to be honest as at the time it was misfiring.

So you were speeding in a misfiring car with a broken Speedo, and you've also been stopped by the police on two more separate occasions...

This isn't painting a brilliant picture of your driving here.

[InkedMuttley]

Just found out from the

 

Just pay up.

 

You knowingly chose to drive a vehicle without a functional speedometer.

 

No way you can wriggle out of it.

 

Phil

 

 

Wrong...Just spoke to the Central Ticket Office and they've told me it was 35 I was doing and that does put me in the legal parameters to be offered a place on a driver improvement program to keep points off my license.

 

Breathing a *TINY* sigh of relief!

[Dr Zoidberg]

That's very lucky.
Take the course and be grateful.

[InkedMuttley]

So you were speeding in a misfiring car with a broken Speedo, and you've also been stopped by the police on two more separate occasions...

This isn't painting a brilliant picture of your driving here.

 

You seem to think I'm a hooligan clearly without reading the reasons behind the stops

 

Number 1: Was stopped because I had my front fogs on I thought I'd hit my de-mister button...Reason accepted, told off as appropriate stop was valid.

 

Number 2: Was a routine check as I was driving down the road that runs around the local RAF base at 3am as I was returning from work. Things have happened in the last few years where terrorists generally like to blow **** up, it's a completely valid reason to stop a car.

 

There is also another occasion in which I was stopped because as I went around a corner I encountered massive understeer, old bill pulled me over and asked me what happened told them they breathalised me just to make sure, yet again another perfectly valid reason.

 

I drive for a living I do know how to drive, I don't drive like a **** as you may think I do I am actually trained to the same level as a police officer.

[Dr Zoidberg]

You seem to think I'm a hooligan clearly without reading the reasons behind the stops

 

Number 1: Was stopped because I had my front fogs on I thought I'd hit my de-mister button...Reason accepted, told off as appropriate stop was valid.

 

Number 2: Was a routine check as I was driving down the road that runs around the local RAF base at 3am as I was returning from work. Things have happened in the last few years where terrorists generally like to blow **** up, it's a completely valid reason to stop a car.

 

There is also another occasion in which I was stopped because as I went around a corner I encountered massive understeer, old bill pulled me over and asked me what happened told them they breathalised me just to make sure, yet again another perfectly valid reason.

 

I drive for a living I do know how to drive, I don't drive like a **** as you may think I do I am actually trained to the same level as a police officer.

 

If you were trained to the same level as a police officer (which level? UBV, advanced, something else?) then you wouldn't have been driving a vehicle with a defective speedo.

Also "I was stopped because as I went around a corner I encountered massive understeer" doesn't sound like someone driving sensibly to police standards.