Intent Of Prosecution ...

Guys.. I need a bit of advice if possible.

I drive a company car which is registered to the company in work for at their head office.

I have been sent a notice from work that thay have received a Notice Of Intended Prosecution for speeding.

The offence happened on 21st May but the letter is dated 26th June.

The company has submitted my details back to he police so they can contact me directly, I'm not happy about this because this is outside the allowed 14days reporting period for the police to show intent of prosecution.

This is as per the road traffic act 1998.

Am I right to say that because they have sent my details on as the driver at this point I am kow liable for this. Or do I still have the right to contest this as its outside the 14days period allowed for the police to report the original incident to me.

Any advice please guys.

 

speak to CAB mate. or a solicitor.

 

The NIP 14 day rule is to serve on the registered keeper, which is not necessarily the driver. They do not appear to have done anything wrong by you, they are following the law. You can't expect the Police and the lease company to locate and notify you within 14 days, it isn't that easy!!!

Please also be nice to your admin staff and don't shoot the messenger. My other half works in HR and gets many a shítty call from people in your shoes- i'm not saying you have/would, but they're just doing their job.

This will clarify things for you:

http://www.speedmonkey.co.uk/2015/10/what-happens-if-you-get-caught-speeding.html?m=1

 

Is the letter from police dated the 26th June or the letter from your employer?

 

When I worked for TFL we were able to pursue outside the normal period for lease cars. We could only go by what the DVLA provided, so once we were informed who was driving liability could be transferred, the same principle would likely be applicable.

To be honest if it is a fair cop you should be man enough to take it on the chin.

 

Why do folk always try to get out of speeding tickets?

 

Don’t drive dangerously and you won’t have to worry.
Your time isn’t more valuable than other people’s safety.

 

My time isn't more important than others. I'm a little miffed by the whole situation and confused by it all.

As for driving dangerous then not at all.

35mph going into a 60mph zone isn't all that to be fair. Yes it's not right I agree and I hang my head. I'm asking for advice and I seem to have a few pointers.

As I said though, coming off a round about that's 30mph to a zone which is 60mh not even 20yards off the roundabout is a little harsh to say the least. No pedestrian in sight for at least half a mile or so. This is another reason why I am annoyed. But if I have to take the punishment then so be it.

 

I got done last year. It isn't helpful for others to pass judgement. I think youd be wasting your time challenging it though. The companies involved don't appear to have done anything untoward.

 

As harsh as it may be you just gotta suck it up and take it I reckon.

I had a harsh one a year or so back and was miffed and annoyed but just had to take the points and the fine. I was going 58 on the M1 in a 60 zone on one of the new smart motorway sections. The limit must have changed to 50 and neither me or the missus noticed so I carried on at 58 and was done for it. Annoying but as I was going over the limit at the time nothing I could do and as harsh as yours sounds, it does sound as though you were over the limit for the road and therefore they are right to fine you.

 

If the Notice of Intended Prosecution was served on the registered keeper within 14 days then the Police have complied with Section 1(1) Road Traffic Offenders Act 1988 and they can issue you with a summons or fixed penalty notice (if appropriate).

 

You will get 14 days from when they contact you to appeal, but you will not be successful.
I had almost identical where I came out of 40mph road works on dual carriage way with no traffic. Couple of 100m ahead went to 60mph, so I started to accelerate. I tried to appeal on basis of I couldn’t drive at 60 without accelerating.
Never stood a chance on the appeal, best bit if I’d been 1mph less they wouldn’t have prosecuted,

 

Was it a fixed camera or a speed van
If it was a van there has to he sufficient speed limit signs in that area for it to be valid
At 35mph you will be offered a speed awareness course unless you have already been on one in the last 4 years also depends on how many points you have on your license more than 6 I’m sure you will get 3 more

 

Speed awareness is within the last 2 years I think.

 

I am not sure if this helps, but I worked for a company a few years ago with a company car registered to each driver.
Our names were on the registration. One of my colleagues had a few dubious acquaintances and actually sold his company car.
The company fired him obviously but the police could not press charges as it was registered in his name, not the companies name.
Maybe this would work in the opposite way for you, their name is on the registration so they pay!!!!!!!
Not sure how you stand but there are more than one option to look at, legal or not.
I have been out of the country for a while so things may have changed

 

I assume when you say tfl you were pursuing congestion charge and parking penalties. For speeding the 14 day rule is absolute, the nip need only be sent out to the registered keeper though.

 

Probably because in a lot of cases there is little rationale behind the level of fine and effect on your insurance quote etc.

I was recently 'caught' on the M606 outside Bradford. It was an area unfamiliar to me and I was driving home from a wedding reception following my sat nav.

My 'crime' was travelling at 58mph on a 50mph section of the motorway at 23:50 at night. A motorway of six lanes in total, completely and utterly devoid of any other traffic whatsoever. A motorway that would ordinarily be 70mph.

Ultimately it's a 50mph so strictly speaking I'm a criminal and have broken the law. Realistically there was no risk to anyone whatsoever in any way from me driving at 58mph that night.

If there was ANY way that I could have "got off" with it on a technicality I would have done. So I can fully appreciate why others would too.

 

Rules is rules though init. Doesn't matter how you dress it up; you do something wrong you get punished.

 

Truth. It can't be the rules only sometimes otherwise literally everyone would come up with a reason why it was safe on that one specific occasion. It'd be an absolute minefield.

 

Yup, you're right. On a completely literal interpretation you're right.

I would quite happily argue with anyone with an interest in road safety to highlight any danger whatsoever at driving 58mph on a deserted three lane road at that time. There was no risk.

But that's the reason speeding creates such division (in my view), that it's arbitrary and illogical. Someone flies past a school at 40mph at 15:30 when kids are going home then throw the book at them. Irresponsible and a clear risk with heavy pedestrian traffic. I'd have no issues with that at all.

For what it's worth my view would be the same if you'd been flashed at 23:50 on an abandoned motorway doing 8mph more than the limit but 12mph below the usual limit - it's not just self pity.