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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi I have received a letter dated 24/1/14 from Go Safe Wales

Resolved Question:

Hi
I have received a letter dated 24/1/14 from Go Safe Wales S172, regarding an alleged speeding fine back on the 29/10/13. I am one of the drivers of the shared company vehicle but I am not the registered keeper. I have spoken to the owner of the vehicle and neither myself or the owner have had any previous correspondence prior to this letter. The letter states the offence was exceeding 30 mph and what street and a time, but not stating what speed. Three months has passed since the alleged offence and we are. to sure what we can do regarding this. Surely they should have served this well before now. Can you help?

Thanks
Caroline
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello Caroline my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Do you know the date the NIP was sent to the registered keeper?

Alex Watts :

Just to be clear this is a Company vehicle? Does the Company keep a log of who is driving please?

Customer: Hi
Customer: he states he never received any correspondence regarding this. But on that same day 29/10 I did get a fine in Flint N wales, would they have got my details from that? Three of us drove that day it was a six hour journey home
Alex Watts :

But the registered keeper must have given details of you - they would not have gotten the details any other way

Alex Watts :

This is because the keeper would have been summonsed for a Section 172 offence of failing to identify the driver if he had not responded.

Alex Watts :

There he must have responded and nominated you.

Alex Watts :

What you need to do is write back and say that you are not the registered keeper, but give names of all 3 that were driving, but you do not know who was driving at the time

Alex Watts :

Your responsibility is to give details that could lead to the identification of a drriver

Customer: We'll I spoke to my employer and he said he never sent anything off for this one only the N wales one.
Alex Watts :

Your company is responsible for keeping a record of who is driving and when.

Alex Watts :

Well your employer can't be right

Alex Watts :

The Section 172 notice is ALWAYS sent to the registered keeper and they HAVE to nominate a driver

Alex Watts :

This is how it works

Customer: He must be telling me porkies then. What about the time lapse, nearly three months.
Alex Watts :

Yes he must have nominated you.

Alex Watts :

The time lapse does not matter. If they sent the Section 172 notice to the registered owner within 14 days then it is in time.

Alex Watts :

Therefore as long as it was sent, it will be in time

Alex Watts :

You just need to be careful because if you do not respond to the Section 172 notice (and it must be in your name) you could face 6 points for failure to identify the driver

Customer: Do I send a letter and just sign the s172 because the details on the S172 don't really apply as we do not know who was driving
Alex Watts :

Fill it in as much as you can and send a covering letter listing ALL the possible people who were driving.

Alex Watts :

Explain it is a Company vehicle and they should contact the company for a log of who was driving.

Alex Watts :

But your requirement is to name all possible drivers

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Can I ask for photographic evidence and should they have specified how much over the speed limit ?
Alex Watts :

Yes you can ask for a photo. Generally it should say the speed ie 55mph in a 50mph zone

Customer: Should they have not specified on this letter what speed or is that the norm to just state exceeding 30 mph
Alex Watts :

Its 10% plus 2mph

Alex Watts :

So it means you needed to have been doing 35mph or above.

Customer: But my question is why have they not specified what speed. Is that the norm
Alex Watts :

Normally they do.

Customer: But it's ok not to by law?
Alex Watts :

They ought to have done but it does not make it illegal not to.

Customer: Ok, understand. Thanks for your help
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer: Ok will do
Alex Watts :

All the best

Customer: thanks
Customer: Caroline
Alex Watts :

All the best - dont take the rap for this - the Company should

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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