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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69988
Experience:  Over 5 years in practice
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On 05/04/2017 I was using a hire car and was caught speeding

Customer Question

hello ,
On 05/04/2017 I was using a hire car and was caught speeding on the M4.
Usually the M4 is 70mph, that evening it was 40mph and it was clear the hole time. Never the less I got a speeding ticket.
The hire car company received the NIP on the 25/04/2017. This is 20 days after the alleged offence. Which was then sent to me on the 4/05/2017.
I understand that to Dispute a Speed Ticket the NIP has to be sent within the correct time frame. But I just wanted to double check that this is something I could dispute. I really do not want to get any point on my license ! I find it crazy that I am usually a great driver however this one slip up is going to effect me ! Or do you think Its best for me to appear in court. ?
Submitted: 9 days ago.
Category: Law
Expert:  Jo C. replied 9 days ago.

Hi - what was your speed over the limit?

Customer: replied 9 days ago.
it was 40mph, however I was doing 63mph.
But this was because I believed motorways were 70 ?
Customer: replied 9 days ago.
Do you think I have the grounds to appeal it ? Baring in mind this is my first offence. Some people have said that I can go to court and they should allow me to do a speed awareness course and pay a fine which will leave me without any points.However if i can avoid the whole thing I would prefer to.
Expert:  Jo C. replied 9 days ago.

On what basis would you appeal?

You seem to accept the offence?

Or are you saying the signs were inadequate?

Customer: replied 9 days ago.
Well I was just letting you know what the situation was. The signs were fine but they didn't reflect what was happening on the motorway and I wasn't sure if it was because they hadn't updated them as of yet. on the date that I was driving in the early afternoon there was a build up of traffic however by the time I started driving and reach there at 18:48. At this point there was no traffic and hadn't been for miles. This is why I assumed that they had not yet updated it.
That was just background information for you to see whether I also have some grounds there too.However my main question is whether you think it is wise to appeal this on the grounds that the NIP was not sent in the required 14 day period.offence took place 05/05/2017
notice period begins 06/05/2017
Received by hire car company 25/05/2017 (19 days after)
Received by fleet company 27/05/2017
Received by me 04/05/2017Is it likely that this can be thrown out on this basis .
I have also requested for the postmaster date stamp to use it as proof that it would have never reached the hire company in the right time frame.
Expert:  Jo C. replied 9 days ago.

Oh I see.

I'm afraid there is no appeal on that basis.

Their duty is to send a NIP out to the registered keeper within 14 days of the offence. The hire company will be the registered keeper. That must have happened as it has reached you.

When the NIP reaches the actual driver is a non issue as long as the summons is before the court within 6 months of the offence.

I'm very sorry but I can only give you truthful information.

Can I clarify anything for you?

Jo

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