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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69778
Experience:  Over 5 years in practice
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I have just received a s172 form stating that I was speeding

Customer Question

I have just received a s172 form stating that I was speeding 36 in a 30 zone. I've checked the photo and it is my car shown.
The date of the photo is the 28/04/16, the date on the s172 is 31/05/16 clearly that is outside of the 14 day window.
Does that time scale mean the s172 is now not valid?
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.

Are you the registered keeper?

Customer: replied 9 months ago.
its my company car, the company I work for is the registered keeper.
Expert:  Jo C. replied 9 months ago.

Does it say reminder on their anywhere?

Customer: replied 9 months ago.
no
Expert:  Jo C. replied 9 months ago.

Were you stopped at scene?

Customer: replied 9 months ago.
no, the first I knew about it was today when I opened the letter
Expert:  Jo C. replied 9 months ago.

And the DVLA have the right address for you and it?

Customer: replied 9 months ago.
The letter has been sent to the right company address, but did not have the companies name on it so its taken a few days to find its way to me. However the date of the speeding is 28/4/16 and the date on the letter is 31/5/16.
Customer: replied 9 months ago.
are you still there?
Expert:  Jo C. replied 9 months ago.

Yes, Im here.

If that is right then they are time barred. A NIP should have either been delivered at scene or issued by post within 14 days. They did not.

However, it is important to disclose the identity of the driver. If you do not they will prosecute you for failing to identify which is probably their game.

The speeding may be time barred because of the NIP but that does not mean your S172 responsibilities do not apply so you must truthfully name the driver.

Can I clarify anything for you?

Jo

Customer: replied 9 months ago.
I understand. So I should fill in and return the s172. If they continue to try and prosecute for the speeding how should respond?
Expert:  Jo C. replied 9 months ago.

Then you would have to be wiling to spend time contesting it.

You would have to refuse the offers of fixed penalty etc.

If they go to court then make an application to strike it out on the basis that the NIP is out of time.

It won't come to that though. Usually you hear nothing else from them.

Jo C., Barrister
Category: Law
Satisfied Customers: 69778
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 9 months ago.
ok thanks Jo,
Customer: replied 8 months ago.
Jo,It would seem that they are moving forward. They have offered me the standard 3 operations. Basses on your responses above please advise my next steps.
Expert:  Jo C. replied 8 months ago.

You mean a fixed penalty or the course?

Customer: replied 8 months ago.
they have offered both or I can go to court.
Expert:  Jo C. replied 8 months ago.

Then you have to decide whether you are willing to run the risk.

If you do the course it will all disappear.

If you refuse either and go to court then you can argue that they were time barred but that is always a risk.

It depends how strongly you feel.

Also, the real issue for the likes of you and me is the wasted time involved in going to court. It is all very well if you live on benefits or off your husband. Real proper people have better things to do with their time though.

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