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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71135
Experience:  Over 5 years in practice.
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I have had a notice of intended prosecution through but the

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I have had a notice of intended prosecution through but the date was on the 10/12/20013 and I received this on the 28/02/2014 and I don't remember getting flashed is there anything I can do or just pay the fine and take the points
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Do you have any previous convictions please?
Customer: replied 4 years ago.

Only one 10 years ago for speeding

Are you the registered keeper please?
Customer: replied 4 years ago.

No its a works van hired in from europacar


Were you speeding?
Customer: replied 4 years ago.

I was doing 68 when motorway signs were saying 50 but as far as I can remember I was going with the flow of the traffic

Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

The NIP is not out time because you are not the registered keeper. All they have to do is put a NIP in the post to the address of the registered keeper within 14 days. When it reaches the driver is a non issue.

You can always put them to proof at court upon every element of the allegation. The risk of that is that you would lose and get costs against you although you won't get any more points.

An alternative is to refuse the fixed penalty in the hope they forget to summons which does sometimes happen. If they do remember to summons then you can always plead guilty by post. That will lead to a costs order of £85 plus a higher fine but its less expensive than a trial.

Alternatively though, you would have to pay the fixed penalty I'm afraid.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

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