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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69254
Experience:  Over 5 years in practice.
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A claimed speeding offence took place on the 260915 The car

Customer Question

a claimed speeding offence took place on the 260915 The car was on lease so the notice went to Audi and they claim Audi claim they transferred liability on the 7th October the first notification of prosecution I actually received was on the 26th October (it had been issued on the 23rd October) I had received no other paperwork prior to this I therefore pleaded that the fine was unenforceable due to not receiving the notice within 14 days of the offence under section 1 of the road traffic offenders act 1988 I have now received infor from the CPS albeit to the incorrect address even though I have signed and they have a copy of my correct address from the S172 form I signed on the 26th octoThey say s172 was sent to registered keeper 051015 ie audi 091015 driver nomination received they calim they sent a s172 sent to me C Chadwick on the 22nd Oct returned to ticket office due to incorrect address incidentally in their paperwork there is no record of this Another S172 sent on the 271015 which I received How do I move forward with this Clearly I was not aware from the S172 sent on the 23rd October that they had sent a previous one to audi or they had posted it to the incorrect address Therefore I could only plead my case on the information I had Not withstanding they have issued this current notice to the incorrect address Its the post men who have forwarded it on to me! And I have only 7 days to reply and now I have less than that due to their further incompetence!
Submitted: 6 months ago.
Category: Traffic Law
Expert:  Jo C. replied 6 months ago.
How can I help with this please?
Customer: replied 6 months ago.

How shall I respond to the notice?

Expert:  Jo C. replied 6 months ago.
If this is a S172 notice then you have to respond naming the driver.I'm afraid that you are under a misconception. They are not out of time. The only time limits are that the initial NIP has to go to the registered keeper within 14 days. They have done that as Audi are the registered keeper.When it reaches the actual driver is a non issue.Can I clarify anything for you?Jo
Customer: replied 6 months ago.

I think it would be better if I could email over the paperwork I have

I understand with regards ***** ***** sending it to audi but I was not aware of this when I received my first notification These documents were not disclosed to me Therefore I acted on the information that was disclosed which appeared on face value as out of time Not withstanding the courts then issued the second notification to the wrong address! which delayed it even further Surely I should have received all the documents as it appears evidence has been withheld not withstanding the CPS have even sent their latest info to me at the wrong address yet again Surely this is not acceptable?

Expert:  Jo C. replied 6 months ago.
I am really sorry but I'm not going to be able to tell you that you have a defence on this basis.The points you are raising are a non issue.The law requires you to respond to a S172 notice.

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