Signaller:
Just came off the phone. I need to go to my local Magistrates Court and make a Statutory Declaration. This would be sent to the police force concerned, who would then pursue the initial offence of speeding. Still going to get a £60 fine and 3 points. Much more acceptable than £525 and 6 points. Thanks to everyone who replied.
Regards
Andy
Hang on fella, you have been convicted of failing to provide driver details, therefore you need to appeal that conviction.
If you appeal and win, theres a good chance the CPS won’t even chase you for the speeding offence.
I know it’s a pain in the arse doing it, but you really need to appeal, to many people accept whats given to them.
If you want me to talk you through it, pm me your number, i’m happy to talk you through it.
richard
What are you worring about…? You have said you have proof you were elsewhere when this said or alleged offence took place that you have supposed to have committed. How can you disclose information you dont have? Moreover, ask or confirmation, proof of the original NIP that was sent that you never received. If they dont want to play ball,take it to court and make sure you claim plenty in expenses!
go to jail instead,
you will do less than a week. so it will be a nice little earner, and a nice rest.
they will tell you that you will still owe the money when you get out.
this is technically correct, but it’s only on file as owing, but it will be uncollectable, as you can’t be convicted of the same offence twice.
have a nice break. but don’t expect an open nick, you need to work for that.
Some great advice there, some of the most intelligent people I know have spent their lives in and out of nick,…but then again I suppose they’ve got plenty of “time” on their hands
I got done last year for no insurance, I was insured just the police database hadn’t updated and they didn’t phone through, they just said provide documents within 7 days, so I did , anyway 6 months later I receive a court summons for failure to attend.
I phone up explain it all and then go into court the week after I stated I had not received any letter, notifications or anything until this letter and they dropped the whole thing there and then
Dieseldogsix:
How long after the initial offence was committed , did you get your NIP?
He didn’t receive the NIP, that’s the whole reason for the thread.
If he hasn’t had one why worry
Because he has been fined £525 and given 6 points for failing to disclose driver details for a speeding offence he was unaware of as he didn’t receive the NIP, that’s why he is worried and asking for advice. That’s the whole point of this thread and is covered in the very first post.
Dieseldogsix:
How long after the initial offence was committed , did you get your NIP?
He didn’t receive the NIP, that’s the whole reason for the thread.
If he hasn’t had one why worry
Because he has been fined £525 and given 6 points for failing to disclose driver details for a speeding offence he was unaware of as he didn’t receive the NIP, that’s why he is worried and asking for advice. That’s the whole point of this thread and is covered in the very first post.
Not quite, he should have received an NIP for the speeding offence AND NOTHING ELSE he shouldn’t have had any letter about disclosure or any other matter apart from the NIP when the owner of the vehicle gave his information,which he says he hasn’t, so how can he be fined for failing to disclose driver when that had already been done by the vehicle owner?
It seems to me someone has got mixed up here, I would like to see a copy of the letter to help clarify things. If in fact it says he has failed to disclose I would go to court and argue that it is the owner and not the drivers responsibility to disclose so he has no case to answer.
From what the OP has stated it appears they have not fined him for or even warned him about his speeding, if as he says they are only pursuing failure to disclose they cannot have sent out a NIP because he hasn’t disclosed who was driving (according to them)
Signaller:
Hi,
need some advice please.Received a letter from magistrates court advising me of a fine (£525) and 6 points for failing to disclose driver details. It relates to an alleged speeding offence of which I knew absolutely nothing of, until I received said letter. I was driving for an agency on the date stated. If there is proof I was indeed speeding then I must have no argument with that. The agency, or the firm I was driving for at the time must have given the police/courts my details.Again, I have no problem with that too.
My problem is that I did NOT receive the NIP regarding the initial speeding allegation. And prior to receiving the letter about the fine and points I have received nothing asking me who was the driver/was I the driver, on the date quoted. I have not changed address recently, so any letters sent could not have gone elsewhere.
My only defence is that I was totally unaware of this. Had I received the initial NIP I obviously would have replied to it. I have been so careful regarding speed limits etc; and I do not recall being caught speeding at any location. Is there any right of appeal to the offence of failing to disclose driver details. I would have replied if I was aware of it. It’s obviously in our interests to do so.Thanks in advance for any help.
Regards
Andy
With regard the right to appeal I would say it is not up to the driver to disclose, but it is up to the owner, they did as they were required and it appears someone has then messed up what action they were meant to take on that disclosure. Because of that even if you were speeding I would say they are now too late to do anything about it.
As before I would encourage you to go to http://www.pepipoo.com/ and seek profesional advise before doing anything, even the courts may not advise you of the best action for YOU
Dieseldogsix:
How long after the initial offence was committed , did you get your NIP?
He didn’t receive the NIP, that’s the whole reason for the thread.
If he hasn’t had one why worry
Because he has been fined £525 and given 6 points for failing to disclose driver details for a speeding offence he was unaware of as he didn’t receive the NIP, that’s why he is worried and asking for advice. That’s the whole point of this thread and is covered in the very first post.
Not quite, he should have received an NIP for the speeding offence AND NOTHING ELSE he shouldn’t have had any letter about disclosure or any other matter apart from the NIP when the owner of the vehicle gave his information,which he says he hasn’t, so how can he be fined for failing to disclose driver when that had already been done by the vehicle owner?
It seems to me someone has got mixed up here, I would like to see a copy of the letter to help clarify things. If in fact it says he has failed to disclose I would go to court and argue that it is the owner and not the drivers responsibility to disclose so he has no case to answer.
From what the OP has stated it appears they have not fined him for or even warned him about his speeding, if as he says they are only pursuing failure to disclose they cannot have sent out a NIP because he hasn’t disclosed who was driving (according to them)
The way I read it the registered keeper must have received the first communication on this subject asking for details of the driver at the time of the speeding offence which they must have returned after either getting the details from the agency or possibly from a photocopy of his licence they probably took when he worked for them. Or they passed it on to the agency and they returned it. No one has told him about this letter.
He was supposedly then sent an NIP which he didn’t receive, they usually send out a second one if you don’t respond to the first so it appears he didn’t get that one either, and as he hasn’t responded they have fined him and given him 6 points. I agree it seems strange it is failure to disclose that the fine is for as his details were disclosed by the vehicle keeper/agency and I would have thought it was for failing to respond to the NIP they sent him that the fine and points were issued for, maybe that is still called failure to disclose. There is also something called failure to furnish. The penalty for failing to disclose or furnish information is a fine of up to £1000 and 6 points, so that’s consistent with his fine and points. They changed it a few years ago to make the points more than for the actual speeding offence as so many people were trying to avoid the speeding charge by not filling in forms and returning them.
Of course the other possibility is that it is a scam by someone who has got his details, maybe he used his licence as ID somewhere. They do send out a second letter if you don’t respond to the first, I know, I’ve had that when I failed to respond to an NIP a couple of years ago, and it seems unlikely/unlucky that two letters would both go astray, especially as he hasn’t recently moved house.
When the Stat Dec has been filed & accepted everything gets reset back to the NIP stage. The Police/Scamera team will reissue a NIP asking for you to name the driver (what you should have had in the 1st place), you have 28 days to reply to this.
It would be good if we had a timeline of events… IE the date of the offence, date of issue of the 1st NIP etc because I’m thinking that this could be close to timing out under the 6 month rule.
I could be wrong so you really need to get to pepipoo as suggested as they will know if the above is accurate, you may get off completely!
Thanks to everyone who replied.Have been away on compassionate leave and am only online at work. Am going to my local Magistrates Court this afternoon regarding the Statutory Declaration and will post again tomorrow.
The alleged speeding offence occurred on 8th November 2011. The NIP was sent to the firm I was driving for, and they replied, naming me as the driver. I was advised that two requests for driver details have been sent to me at my address. I have received NOTHING, until the letter in my first post regarding the fine and points for failing to disclose driver details.As I said before, I would have replied, had I been aware of it, as it is in our interests to do so.Will let you know how I get on.
Filed SD this morning.The clerk in Court asked the Magistrate if they accepted it and they said yes. I was advised that the Police/Camera Partnership will most likely pursue the original speeding offence… Just one thing though.Why would I have to tell them I was driving when they already know I was, and should I ask for proof.Will post again when/if I hear from them.I appreciate all your comments/advice.Than You.
Signaller:
Filed SD this morning.The clerk in Court asked the Magistrate if they accepted it and they said yes. I was advised that the Police/Camera Partnership will most likely pursue the original speeding offence… Just one thing though.Why would I have to tell them I was driving when they already know I was, and should I ask for proof.Will post again when/if I hear from them.I appreciate all your comments/advice.Than You.
Regards
Signaller
Absolutely, definately, yes! … and get on pepipoo.
Signaller:
Thanks for replying. I said if there was proof I was speeding then I must accept that. Checked diary etc; and I was driving on the day of the alleged speeding offence.My problem was that the first I knew of anything was when I was advised of the fine and points for failing to disclose driver details. Will file the Statutory Declaration next week, and if there is indeed proof of the alleged speeding offence then I will have to accept that.I meant I would rather have 3 points and £60 fine than 6 points and £525 fine. Actually I would rather have none at all, but 3 and 60 is better than 6 and 525. Will have to see what proof, if any, they have, then take it from there. Sorry for any confusion.
Andy
There will be proof of it otherwise you wouldn’t have been sent the ticket in the first place. Only problem is that you don’t get to view the proof unless you contest the charge and go to court. If it wasn’t you then you will have proof in the way of tacho’s etc.
