Speeding - Notice of Intended Prosecution

Kenai · 11 Jan 2015 at 22:29

Burnsy2023 said:
It's not a s172 notice. It's a NIP for the driver, which has reached the driver at the time of the offence. The OP can't say that he didn't receive a NIP as he did. This isn't a loophole he can argue at court.

Indeed. It is strange how they got it right, but ultimately, they have correctly served a NIP.

Out of interest, what would be the situation of their guess was wrong and the NIP was incorrectly issued?

Still seems bizarre that they would firstly guess at who was driving rather than ask and secondly actually get his details from somewhere, as presumably the insurance is the only thing linking him to the car, and 7th to 9th seems very fast to get that info from them.

Personally would still be doing more to verify it is actually legit, just seems very quick and conveniently correct for something genuine, rather than a prank or scam or something.

3DNow! · 12 Jan 2015 at 11:09

HI,

May I suggest phoning up the DVLA and confirming who is the registered keeper as confirmation from them will also make sure it has the right keeper and just really ticking off each box I suppose to see if it's genuine or not.

swain90 · 12 Jan 2015 at 12:06

OP and his Dad have the same name?

Dyson · 12 Jan 2015 at 13:27

swain90 said:
OP and his Dad have the same name?

That thought had crossed my mind too

LupoLover · 12 Jan 2015 at 14:57

Why haven't you rang the police using number off the internet to prove its legit yet?

FlapR · 12 Jan 2015 at 18:11

Update:

Apparently they had a problem accessing the database to see who the owner was, but they could see there were 3 people insured so the fact it had my name on it is completely random.

Not a clue how they're still allowed to send them out like that but oh well.

Dyson · 12 Jan 2015 at 19:03

Thanks for the update, never knew it could be done like that.

chanjy · 12 Jan 2015 at 21:50

You got unlucky there, if you hadn't been to your parents' house for a few weeks then you might have got away with it

andi · 12 Jan 2015 at 21:55

How so? It doesn't matter how long it takes him to open the letter, it was delivered in the required time.

FlapR · 12 Jan 2015 at 22:11

chanjy said:
You got unlucky there, if you hadn't been to your parents' house for a few weeks then you might have got away with it

andi said:
How so? It doesn't matter how long it takes him to open the letter, it was delivered in the required time.

Aye, not opening a letter isn't a defence

Scuzi · 12 Jan 2015 at 22:13

andi said:
How so? It doesn't matter how long it takes him to open the letter, it was delivered in the required time.

What if he doesn't live with his parents?

andi · 12 Jan 2015 at 22:30

It doesn't matter. As long as it's delivered to the registered keeper's address, which it was.

Diddums · 12 Jan 2015 at 23:11

Anyone else waiting for the OP to say "ahhhh balls, my dad and I have the same name!"

Scuzi · 13 Jan 2015 at 06:20

andi said:
It doesn't matter. As long as it's delivered to the registered keeper's address, which it was.

So if a NIP is delivered to the registered keeper's address but is addressed to someone other than the registered keeper who does not live at that address, that would stand up in court? That doesn't sound very reasonable. What if the registered keeper understandably returns the letter to the sender marked "not at this address"?

chanjy · 13 Jan 2015 at 07:19

Purely hypothetical anyway as OP has received the letter and announced the fact on the internet

markweatherill · 13 Jan 2015 at 15:39

snapdragon69 said:
Phone them up and say you don't own a car.

And that they issued the NIP to a legal fiction. And that you don't have a TV either.

Burnsy2023 · 13 Jan 2015 at 15:45

markweatherill said:
And that they issued the NIP to a legal fiction. And that you don't have a TV either.

Yeah, damn corporations invading our liberties...

andi · 13 Jan 2015 at 19:38

Scuzi said:
So if a NIP is delivered to the registered keeper's address but is addressed to someone other than the registered keeper who does not live at that address, that would stand up in court? That doesn't sound very reasonable. What if the registered keeper understandably returns the letter to the sender marked "not at this address"?

It only really applies in this case, and I'm making an assumption that the OP isn't known to the police. The NIP must be delivered to either the RK or the driver, at their last known address. Assuming the registered address of the vehicle is the only address for the OP the police had at the time, it's served.

If the OP's mum, who was neither RK or driver, had been chosen at random, and the NIP delivered to her the NIP would not have been served.

Kaeo · 13 Jan 2015 at 23:19

I still don't get how you can send out letters in this form at random by guessing. Surely there's something wrong with that system.

There was nothing to say that someone entirely different covered third party on their own insurance wasn't driving it. Something seems very off to me here. Guessing from insurance data is a very questionable way of deciding who was driving the car, when it could have literally been anyone else in the country.