Quizzes & Puzzles5 mins ago
Speeding Fine
My son had a speeding fine in another part of the UK to where he’s living now. To complicate matters the notice went to his old partners address. She failed to forward the notice. A not very amicable separation. Because he’s now notified the DVLA of his new address, the fine has increased, because he failed to pay on time. He’s had a letter off the court stating they intend to apply to his employer to have it taken out of his wages. Can they do that without his permission. How did the court find out who his employer is. They’ve actually named who he’s working for. Thanks for all info.
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//If the son is the registered keeper, would the notice not be sent to his address to ask who was driving it? //
Yes Corby. That's where I'm coming from. There is a possibility that the OP's son has been subject to criminal proceedings of which he was not aware and there's ways of dealing with that.
But more than that, all we know is that "the notice" (what notice?) was sent to his old partner's address. We're also told that "Because he’s now notified the DVLA of his new address, the fine has increased, because he failed to pay on time.". That doesn't happen with speeding fines.
So, malagabob, please tell us (1) was your son stopped at the time or was he caught by camera? (2) Exactly what has your son received, who is it from and what does it say? (3) If he was not stopped at the time, what correspondence was exchanged which would provide the evidence that he was driving?
Yes Corby. That's where I'm coming from. There is a possibility that the OP's son has been subject to criminal proceedings of which he was not aware and there's ways of dealing with that.
But more than that, all we know is that "the notice" (what notice?) was sent to his old partner's address. We're also told that "Because he’s now notified the DVLA of his new address, the fine has increased, because he failed to pay on time.". That doesn't happen with speeding fines.
So, malagabob, please tell us (1) was your son stopped at the time or was he caught by camera? (2) Exactly what has your son received, who is it from and what does it say? (3) If he was not stopped at the time, what correspondence was exchanged which would provide the evidence that he was driving?
It may help if I explain the process.
When a vehicle is detected speeding and is not stopped at the time, a “Notice of Intended Prosecution” (NIP) must be sent either to the driver or the Registered Keeper (RK) so as to arrive within 14 days of the alleged offence. Since the driver is unknown at that point it goes to the RK. Along with it is a “Request for Driver’s Details” (issued under S172 of the Road Traffic Act). The RK must respond to the request within 28 days of receipt by naming the driver at the time of the alleged offence. He can name himself or another person. If he names another person that person will receive his own NIP and S172 request and has the same obligation to respond. Whoever makes the final reply (i.e. the driver), the response is used as evidence to show who was driving. Without it nobody can be convicted of speeding.
What happens next is up to the ticket office. If the excess speed is low enough a course may be offered; if it is too high for that but below another threshold a Fixed Penalty (£100 and 3 points) may be offered; if it is beyond the FP threshold or if the out-of-court offers are declined or ignored then the matter goes to court.
Only a court can impose fines which are enforceable by an Attachment to Earnings order. So it seems likely that your son was subject to criminal proceedings of which he had no knowledge. He needs to check with the court when those proceedings were, what he was convicted of and what the outcome was. He also needs to check what the details of the speeding allegation were (alleged speed and limit). However, if he has not named himself as driver (and from what you say he has not) it may be likely that he has been convicted under S172 for “Failing to Provide Driver’s details”. This is a more serious offence which carries six points and an endorsement code (MS90) that insurers hate. He should check his driving record online to see what endorsement he has incurred. If he was found guilty of that offence in his absence the usual fine and costs would be £811 (£660 fine, £85 prosecution costs and £66 “Victim Surcharge”).
There are ways of dealing with this to limit the damage which I will explain when you have more details. If he has an MS90 endorsement he certainly needs to try to have the matter corrected as it will see his insurance premiums rocket.
When a vehicle is detected speeding and is not stopped at the time, a “Notice of Intended Prosecution” (NIP) must be sent either to the driver or the Registered Keeper (RK) so as to arrive within 14 days of the alleged offence. Since the driver is unknown at that point it goes to the RK. Along with it is a “Request for Driver’s Details” (issued under S172 of the Road Traffic Act). The RK must respond to the request within 28 days of receipt by naming the driver at the time of the alleged offence. He can name himself or another person. If he names another person that person will receive his own NIP and S172 request and has the same obligation to respond. Whoever makes the final reply (i.e. the driver), the response is used as evidence to show who was driving. Without it nobody can be convicted of speeding.
What happens next is up to the ticket office. If the excess speed is low enough a course may be offered; if it is too high for that but below another threshold a Fixed Penalty (£100 and 3 points) may be offered; if it is beyond the FP threshold or if the out-of-court offers are declined or ignored then the matter goes to court.
Only a court can impose fines which are enforceable by an Attachment to Earnings order. So it seems likely that your son was subject to criminal proceedings of which he had no knowledge. He needs to check with the court when those proceedings were, what he was convicted of and what the outcome was. He also needs to check what the details of the speeding allegation were (alleged speed and limit). However, if he has not named himself as driver (and from what you say he has not) it may be likely that he has been convicted under S172 for “Failing to Provide Driver’s details”. This is a more serious offence which carries six points and an endorsement code (MS90) that insurers hate. He should check his driving record online to see what endorsement he has incurred. If he was found guilty of that offence in his absence the usual fine and costs would be £811 (£660 fine, £85 prosecution costs and £66 “Victim Surcharge”).
There are ways of dealing with this to limit the damage which I will explain when you have more details. If he has an MS90 endorsement he certainly needs to try to have the matter corrected as it will see his insurance premiums rocket.
See here, Malagabob:
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Enforcement normally begins at (Limit + 10% + 2mph). So, 78mph in a 70 limit should see you OK, 79mph will see action taken.
Courses are normally offered up to (Limit + 10% + 9mph). You can only do one course of the same type (there are three different offerings for speeding) within three years, with the offence dates being used for that calculation.
Fixed penalties are normally offered up to 34mph (in a 20 limit), 49mph (30), 65mph (40), 75mph (50), 85mph (60) and 95mph (70). Offences involving allegation above these speeds will see the matter go to court and in the event of conviction the normal Magistrates' Sentencing Guidelines will be used.
You will notice I use the word "normally" in all of the above. The "10% + 2mph" is a discretionary allowance does not set a de facto new limit. It has been agreed by the National Police Chiefs' Council and all forces in England & Wales normally adopt it as policy, though the police can take action below that level if they believe the circumstances warrant it. As well as that there is no right to a course or fixed penalty and they are offered solely at the discretion of the police. A small number of police forces operate on a "10% + 3mph" level before enforcement begins.
Courses are normally offered up to (Limit + 10% + 9mph). You can only do one course of the same type (there are three different offerings for speeding) within three years, with the offence dates being used for that calculation.
Fixed penalties are normally offered up to 34mph (in a 20 limit), 49mph (30), 65mph (40), 75mph (50), 85mph (60) and 95mph (70). Offences involving allegation above these speeds will see the matter go to court and in the event of conviction the normal Magistrates' Sentencing Guidelines will be used.
You will notice I use the word "normally" in all of the above. The "10% + 2mph" is a discretionary allowance does not set a de facto new limit. It has been agreed by the National Police Chiefs' Council and all forces in England & Wales normally adopt it as policy, though the police can take action below that level if they believe the circumstances warrant it. As well as that there is no right to a course or fixed penalty and they are offered solely at the discretion of the police. A small number of police forces operate on a "10% + 3mph" level before enforcement begins.
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