Speeding ticket

[Ciprian.Bogatian]

Hi,
I have been done for doing 67m/h in a 60m/h limit,
Now,first letter after the offence was made I received it after almost 4months,
My company said to me that that's the procedure and it does take that much to receive the letter,
Now,because I didn't reply to the police within 21 days after the offense I didn't qualified for the Speeding Course,
I went to court and they still fine me and give me the points,
Is there anyone to blame for this?,
Back then I wasn't the nominated driver on my van even I was with the company for more then a year,
Thanks,
Cip

[Amethyst]

Re: Speeding ticket

Was the speeding letter sent direct to your company ? ( registered owners of the van?) Did they hold on to it for 4 months or was it delayed by the police sending it late?

did you reply within 21 days of YOU getting the letter?

[wales01man]

Re: Speeding ticket

Were you the Driver at the time of the offence?

[Ciprian.Bogatian]

Re: Speeding ticket

When I receive the first letter (4months) after the offense I did reply them straight away
The police representative in court he said that they did sent the letter within 14 days after the offence,
So they've done their job,
He said that it is my company's business for receiving the first letter that late
But I talked to someone from Fleet,from my company and he said that that is the procedure and it should take that long to receive the first letter,
I find it odd,
Thanks,

- - - Updated - - -

Yes,I was driving the van back then but I think the nominated driver was the guy that left the company and use to drive this van before me
Thanks

[des8]

Re: Speeding ticket

Quite frankly I wouldn't waste time trying to fight the "injustice".
There is no automatic right to taking a speed awareness course in an attempt to avoid the points and fine, and the parameters for offering it vary from force to force.
If you were speeding, you've been caught and fined etc.
That will not be reversed.

[R0b]

Re: Speeding ticket

It would seem a bit odd that the judge hasn't taken into account the fact that there seems to be some policy that it takes 4 months to identify the driver which gives you no option but to get the fine? You could consider appealing it, and/or alternatively, there could be an action for negligence by the leasing company for failing to take so long to notify you. Certainly shouldn't take 4 months to process and at the very least should identify who the driver was at an earlier stage.

[Ciprian.Bogatian]

Re: Speeding ticket

I was thinking to take my company to court,
But I'm not sure if I'll have a wining cause.

- - - Updated - - -

The judge said to deal with my company cause it looks like they messed it up

[R0b]

Re: Speeding ticket

[MENTION=39710]des8[/MENTION] is right in that there is no automatic right to a speed awareness course, however if the opportunity was provided to you and you could not take advantage of that due to the failure of the leasing company notifying you in time or at all within the 21 days and you can prove that, then I would think the judge has failed to take into account the surrounding circumstances - it doesn't amend the fact that you now have a record for speeding and points when if you were notified in time likely to take the course and not have a record or points! I would have considered appealing if it affected an unblemished record

There may be some merit in taking the leasing company to court because they have been negligent in notifying you withing a reasonable time which has now affected your record and resulted in a fine and points.

[Ciprian.Bogatian]

Re: Speeding ticket

Yes,
The guy represent Kent Police,he said to me and the judge that I can't qualify for the Spedding Course because I haven't responded within 21 days after the offence
And I said how could I if I had first letter after 4months,
And he reply that's down to me and my company cause they've done their job in time.

[wales01man]

Re: Speeding ticket

What are you going to sue the company for you committed the offence their procedures for dealing with this are slow but that's how it is.
Move on unless you want to try for a case and win

[Ciprian.Bogatian]

Re: Speeding ticket

Yes I think it is slow but not that slow though
Plus I'm 100% that back then I wasn't the nominated driver,cause short after receiving the letter,they ask me to send a copy after my driving license and passport and all that...

[R0b]

Re: Speeding ticket

What are you going to sue the company for you committed the offence their procedures for dealing with this are slow but that's how it is.
Move on unless you want to try for a case and win

Just because someone has committed an offence does not mean that they don't have a right to be reasonably notified.. I'm sure you would argue you differently if it affected someone else's life in a different way and a company had been negligent - same principle applies. I would say it is unreasonable to say that it takes 4 months to notify the driver.. it is a matter of minutes for someone to look up on a database the registration number, who it belongs to and the name of the driver. But for the company's actions, the outcome on this could have been different.

I'm not saying he's not in the wrong but due to the length of time he has not had any time to consider his options! Rather than jumping in the deep and saying mentioning the word claim, have a word with your boss or whoever runs the leasing side of things and ask why it takes 4 months, make a complaint and get further information before you do decide to take it to court.

P.s. please don't take it personally [MENTION=30456]wales01man[/MENTION], not having a go

[wales01man]

Re: Speeding ticket

I don't take anything on here personally on here we all have our opinions.
Reading more I wonder if the OP was the driver at the time he talks of designated drivers .
I believe in the law and justice and believe that if an alleged offence is committed it must be accepted or defended.

For the OP to answer have your company anything in writing stating what they do in these situations regarding informing the driver

[mystery1]

Re: Speeding ticket

There are only 2 requirements of the police. 1 is that the registered keeper is notified within 14 days (subject to certain statutory get outs s1 RTOA ) 2. the information is laid with the courts within 6 months ( s127 magistrates courts act 1980 ).

Speed awareness courses are unofficial and have no statutory backing or rules.

The time to investigate possible defences to a court action are beforehand.

You lost and there appears to be no fault in law. [MENTION=39710]des8[/MENTION] is correct. Don't waste your time.

M1

[Ciprian.Bogatian]

Re: Speeding ticket

Got it,
Thanks