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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 77105
Experience:  Over 5 years in practice
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I was given a courtesy car from the workshop which I drove

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Hi , I was given a courtesy car from the workshop which I drove on March 14. I received a notice of intended prosecution on May 10 for speeding. I think that is too late. What should I do?
JA: Because traffic laws vary from place to place, can you tell me where this is?
Customer: Dorset Police
JA: Do you need to appear in court?
Customer: It says either you wish to be considered for the fixed penalty procedure or to be heard at court hearing and to confirm I was the driver
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I was driving at 65 miles /hour when I was supposed to do 50 miles hour

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Surely you are not the registered keeper?

Customer: replied 10 days ago.
No, I am not . It was a courtesy car for a week.

OK, do you know upon what date they received the original NIP?

Customer: replied 10 days ago.
It happened 14/3/20. The date on the letter of NIP under the reference number is ***** as issue date.

Yes, but that is the one addressed to you?

The original would have gone to the hire company.

Customer: replied 10 days ago.
That is the one addressed to me. I don't know when they sent it to the company.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

I am sorry but its bad news. Unfortunately the rules are that they must send out a NIP on a date that would by ordinary post reach the registered keeper within fourteen days. When it reaches the actual driver is a non issue.

Since you are not the registered keeper you do not have that protection. The police will have sent the original NIP to the keeper probably within fourteen days and they replied naming you as the driver. Sadly they are still in time.

Obviously you could wait to see if they remember to summons you. They do quite often forget and if they do you will walk away within nothing.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.Hope this helps. Please let me know if you need more information

Can I clarify anything for you?

Jo

Customer: replied 10 days ago.
you think I should send back the form stating that I was the driver in 28 days of receiving my letter? I didn't understand your statement about waiting to see if they remember to summon. It does say failure to provide information to identify the driver could result in 1000 pound fine and 6 penalty points.

Unless you do that they will charge you with failing to identify which carries 6 points.

I'm not sure what you mean on your second point? Nowhere above have I suggested you don't identify.

Customer: replied 10 days ago.
34;Obviously you could wait to see if they remember to summons you. " Is this after identifying my self?

Yes?

Otherwise the risk of a summons would be greater.

Delighted to continue with this but please rate my answer.

Jo C. and 5 other Law Specialists are ready to help you
Customer: replied 10 days ago.
Thanks for your help.

No problem.

Please remember to rate my answer.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

Customer: replied 10 days ago.
Sorry, last question, do you think I should tick the box for fixed penalty procedure or for matter to be dealt by court hearing?

I would tick the box for a penalty procedure.

If you decide you want to fight this you don't have to accept it when they offer it.