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DIR Return to: Speeding and other criminal offences
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#Post#: 131439--------------------------------------------------
Re: Speeding letter send to wrong address
DIR By: BigFishOut455
Date: September 25, 2026, 8:54 am
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Thank you, I did read this but I don’t really understand it all
if I’m honest. I’m dyslexic and have some neurological issues
and that is so packed full of stuff it’s hard to read and
understand it what it means.
#Post#: 131440--------------------------------------------------
Re: Speeding letter send to wrong address
DIR By: ManxTom
Date: September 25, 2026, 8:57 am
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[ Edit: cross-posted with several other posts]
Why didn't you say in the OP that a lease company was involved?
Are you 100% certain that you possess the car's V5C document and
that you (under your correct name and address) are the
Registered Keeper?
Is this a Motability car?
#Post#: 131445--------------------------------------------------
Re: Speeding letter send to wrong address
DIR By: andy_foster
Date: September 25, 2026, 9:34 am
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There are 2 separate legal issues - the s. 172 requirement and
whether or not the apparent failure to serve a NIP on the RK
within the 14 days is a bar to prosecution for the speeding
offence.
There are also 3 logistical issues - how the notice came to be
sent to the "wrong" address, how the delay affects potential
disposals, and the fact that we do not discriminate - I am as
happy to ban able posters for posting rubbish as I am disabled
posters.
The s. 172 requirement to name the driver applies from when the
notice is served by being delivered to the addressee's "last
known address". It requires the required information to be
provided within 27 days of the date of service (presumed to be 2
working days after posting by first class post). There is a
defence if it was not reasonably practicable to provide the
information within that time and the information was provided as
soon as was reasonably practicable afterwards. Whether or not
you have a defence to the speeding allegation, has no bearing on
the validity of the s. 172 requirement - you still need to name
the driver, as soon as is reasonably practicable.
For practical purposes, it is unusual to be prosecuted for
naming the driver "late" unless the 6 month limit for
instigating proceedings for the speeding offence is rapidly
approaching, but on the face of it you appear to have a
reasonable "not reasonably practicable" argument.
A speed awareness course would generally be offered for that
speed - if the s. 172 response admitting to being the driver is
processed within 3 months of the date of the speeding offence.
The police get their information from the PNC which is updated
from the DVLA overnight - so absent some major snafu, if your
details were held by the DVLA as RK for that vehicle and that
VRM the day before the police looked up the keeper details, they
would have gotten your details. They would only contact a
previous keeper, or search the insurance database, if no current
keeper details were shown.
It is rare for the leasee of a leased car to hold the V5C. What
is the date after the DocRef. No. at the bottom of page 2 of
your V5C?
#Post#: 131453--------------------------------------------------
Re: Speeding letter send to wrong address
DIR By: Gilan02
Date: September 25, 2026, 10:47 am
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As the OP gave the dealership his temporary address would this
have been the address that the car would be registered to?
Could the leese company have had the V5c updated once the OP was
in their home address?
I think the docref date and if it is a motorbility car are the
important missing items.
#Post#: 131462--------------------------------------------------
Re: Speeding letter send to wrong address
DIR By: BigFishOut455
Date: September 25, 2026, 1:38 pm
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Yes it is a motability car as I’m disabled. I didn’t mention it
as I didn’t realise it was important. Apologies
#Post#: 131463--------------------------------------------------
Re: Speeding letter send to wrong address
DIR By: BigFishOut455
Date: September 25, 2026, 1:49 pm
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The lease company never had any other address for me. I was
living between both addresses, so I never needed to change my
home address with anyone. The V5 was registered to my home
address and is the only address that has ever been on there. The
name is legally correct too and always has been.
The car had been registered almost a month by the time the
alleged speeding offence happened. So even if the police had
checked the day of the offence or even before it then it would
have shown my home address. This is why I cannot understand why
police didn’t check the RK because it would have been sent
directly to the right address in the right name.
#Post#: 131464--------------------------------------------------
Re: Speeding letter send to wrong address
DIR By: NewJudge
Date: September 25, 2026, 3:04 pm
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--- Quote ---
> This is why I cannot understand why police didn’t check the RK
because it would have been sent directly to the right address in
the right name.
--- End Quote ---
Ring them up and ask them.
As Andy says, you are obliged to respond to the request for
driver’s details. But the driver may have a defence to the
speeding charge if he or she can show that no Notice of Intended
Prosecution was served on you within 14 days.
--- Quote ---
>
> Yes it is a motability car as I’m disabled. I didn’t mention
it as I didn’t realise it was important. Apologies
--- End Quote ---
It’s important because we were confused that you were the
Registered Keeper but the V5C was held by the lease company.
Motability is the only company that allows this. All the others
have themselves as the RK.
#Post#: 131505--------------------------------------------------
Re: Speeding letter send to wrong address
DIR By: BigBazz45
Date: September 26, 2026, 1:59 pm
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For clarity: When you lease a car through the Motability scheme
the V5C is issued in your name but sent to Motability.
So the original S172 request would have gone to Motability and
they would have given the details that were provided to the
dealer at the time of signing the agreement. As such, the OP
will likely have received the second S172 request, so the 14 day
limit doesn't apply.
If your contact details change, you can update them on the
Motability website or by phone.
#Post#: 131506--------------------------------------------------
Re: Speeding letter send to wrong address
DIR By: NewJudge
Date: September 26, 2026, 2:09 pm
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--- Quote ---
> So the original S172 request would have gone to Motability...
--- End Quote ---
Why would it?
#Post#: 132135--------------------------------------------------
Re: Speeding letter send to wrong address
DIR By: sparx
Date: October 4, 2026, 4:43 pm
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--- Quote from: NewJudge link ---
>
> [quote]So the original S172 request would have gone to
Motability...
--- End Quote ---
Why would it?
[/quote]
Appreciate OP has said they have dyslexia so re-written to be
hopefully easier to read:
- Check the Doc Ref No field on the inside pages of the V5C.
There is a date next to it - this should be before the first
S172 was issued. What is it?
- Check that the vehicle registration on top of the V5C matches
your car number plates exactly - Front and Back. Does it?
- Check that the VIN (inside pages, Section 4E) matches your
cars VIN (normally on a small panel at passenger side of the
windscreen).
Just wondering if it is possible that OP has been registered
onto another car, so holding the V5C with a different reg, but
the dealership has the correct details / reg pairing hence the
first S172 going to the dealer?
Doc Ref Date is inside the arrow at the bottom of this image:
HTML https://www.simplyregistrations.co.uk/wp-content/uploads/2018/03/V5C-inside-front-cover.jpg
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