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#Post#: 25802--------------------------------------------------
Caught speeding Merseyside
DIR By: Steve
Date: June 13, 2024, 5:03 am
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Recently got caught speeding 63mph in a 50mph zone by a fixed
camera. Merseyside police.
Got caught on 11/05/2024 but didn’t actually receive the letter
until 10/06/2024. It does state on the letter it was originally
sent to the wrong address, my address is correct on my license,
insurance and V5.
Can anyone advise if I’d have a case to fight this or is it a
case of accepting the points? Any advice would be greatly
appreciated.
#Post#: 25812--------------------------------------------------
Re: Caught speeding Merseyside
DIR By: ManxTom
Date: June 13, 2024, 5:28 am
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--- Quote from: Steve link ---
>
> Recently got caught speeding 63mph in a 50mph zone by a fixed
camera. Merseyside police.
>
> Got caught on 11/05/2024 but didn’t actually receive the
letter until 10/06/2024. It does state on the letter it was
originally sent to the wrong address, my address is correct on
my license, insurance and V5.
>
> Can anyone advise if I’d have a case to fight this or is it a
case of accepting the points? Any advice would be greatly
appreciated.
>
--- End Quote ---
What letter? Do you mean the NIP itself?
What does "the letter" actually say about the first NIP being
"sent to the wrong address"?
#Post#: 25814--------------------------------------------------
Re: Caught speeding Merseyside
DIR By: andy_foster
Date: June 13, 2024, 5:34 am
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--- Quote from: Steve link ---
>
> Got caught on 11/05/2024 but didn’t actually receive the
letter until 10/06/2024.
--- End Quote ---
Actual receipt is irrelevant. What matters is when it was
delivered to the RK's last known address. And whether that can
be proven by the defence.
--- Quote ---
> It does state on the letter it was originally sent to the
wrong address
--- End Quote ---
If it says "Terribly sorry old chap, we originally sent it to
the wrong address", then you would seem to have a lead pipe
solid defence. However, if it says something substantially
different, then who knows?
--- Quote ---
> my address is correct on my license, insurance and V5.
--- End Quote ---
Licence and insurance are irrelevant as regards the service of
the first NIP. Have you actually checked the V5C, or are you
merely assuming that it is correct?
--- Quote ---
>
> Can anyone advise if I’d have a case to fight this or is it a
case of accepting the points? Any advice would be greatly
appreciated.
>
--- End Quote ---
As it stands, no. Tell us exactly what it says on "the letter"
as regards the wrong address (and what this "the letter" is).
#Post#: 25835--------------------------------------------------
Re: Caught speeding Merseyside
DIR By: Steve
Date: June 13, 2024, 8:04 am
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V5 is the correct address, it has been since the car was
purchased over 2 years ago. I’ve had a previous speeding ticket
that arrived within a few days to the correct address.
Unfortunately I don’t have the letter in front of me, it did
state on the letter it had been sent to a wrong address, I’m
assuming whoever it was sent to replied stating they weren’t the
owner. Once I have the letter in front of me, I’ll word it
better. It’s not an NIP, it’s basically asking me to confirm who
was driving the vehicle and I’m able to view the photos from the
offence, that’s how I knew it was a fixed camera.
Thank you for the reply, as soon as I’m back I’ll reread the
letter to clarify.
#Post#: 25838--------------------------------------------------
Re: Caught speeding Merseyside
DIR By: DWMB2
Date: June 13, 2024, 8:22 am
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It might be worthwhile to show us a copy of the letter, with
personal info redacted, so people know exactly what has been
received.
#Post#: 25840--------------------------------------------------
Re: Caught speeding Merseyside
DIR By: The Rookie
Date: June 13, 2024, 9:01 am
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--- Quote from: Steve link ---
>
> V5 is the correct address, it has been since the car was
purchased over 2 years ago.
>
--- End Quote ---
Have you actually got it out and checked, there have been cases
where despite a slight address error they still got 'some'
paperwork but it would mean a delivery to the 'wrong address'
wouldn't give you a defence, so don't assume but check.
#Post#: 25843--------------------------------------------------
Re: Caught speeding Merseyside
DIR By: andy_foster
Date: June 13, 2024, 9:07 am
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--- Quote from: andy_foster link ---
>
> Have you actually checked the V5C, or are you merely assuming
that it is correct?
>
> [quote author=Steve link=topic=2197.msg25835#msg25835
date=1718283891]
> V5 is the correct address, it has been since the car was
purchased over 2 years ago. I’ve had a previous speeding ticket
that arrived within a few days to the correct address.
--- End Quote ---
So, that's a "no, I haven't checked" then.
--- Quote ---
> Once I have the letter in front of me, I’ll word it better.
It’s not an NIP, it’s basically asking me to confirm who was
driving the vehicle and I’m able to view the photos from the
offence, that’s how I knew it was a fixed camera.
--- End Quote ---
So, you got a letter telling you that the driver of your vehicle
was caught speeding, but it was not a NIP - it did not warn you
that they were contemplating proceedings against the driver for
that offence?
--- Quote ---
> Thank you for the reply, as soon as I’m back I’ll reread the
letter to clarify.
>
--- End Quote ---
At the risk of sounding blunt, please do not reply until you
have "the letter" in front of you and have re-read it.
#Post#: 25862--------------------------------------------------
Re: Caught speeding Merseyside
DIR By: Steve
Date: June 13, 2024, 12:28 pm
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VEHICLE RE
In accordance with Section 1 of the Road Traffic Offenders Act
1988 l hereby give you notice that it is intended to take
proceedings against the driver of the above motor vehicle, a
PEUGEOT, recorded speed 63, time into red light 0, for the
alleged offence of Exceed a 50mph speed restriction on a special
road / motorway - automatic camera device at 11:11 on 11/05/2024
at M62 (Westbound), Liverpool, Merseyside.
To view images on the offence or for further information for
this offence, please log into the online portal using the PIN
provided above at www.merseysidepas.co.uk You may also admit to
being the driver or nominate another driver, new keeper or hirer
by visiting the online portal.
REQUIREMENT TO PROVIDE INFORMATION UNDER SECTION 172 OF THE ROAD
TRAFFIC ACT 1988
• Under Section 172 of the Road Traffic Act 1988 the person who
keeps the vehicle is hereby required to supply details of the
person they believe was driving the vehicle on the above
occasion within 28 days. Anyone else, and any keeper who claims
to be unable to identify the driver, is hereby required to
supply any information it is in their power to give, which may
lead to the driver's identification.
• If you claim to be unable to identify the driver and / or the
information you do have does not fit the boxes overleaf, please
use a separate piece of paper to explain and ensure this is
returned by post with the $172 form, so we can consider your
response fully.
• On conviction for failure to supply this information the
penalty is similar to that of the alleged offence itself, i.e.
both a fine and penalty points. However, the maximum fine in
such cases could be £1,000 and the offence carries a 6 point
penalty (Section 172 of The Road Traffic Act 1988 applies to UK
(Mainland) only).
• It is an offence under section 5 of the Perjury Act to
knowingly and wilfully provide false information in your reply;
this offence and the offences of perverting the course of
justice could both incur a term of imprisonment and/or a fine.
• Please do not send any form of payment or your driving licence
at this stage; you will be provided with details of when and how
to do this should it become necessary.
PLEASE NOTE THE QUICKEST AND MOST EFFICIENT WAY TO PROVIDE
DRIVER DETAILS IS VIA THE ONLINE PORTAL,
WWW.MERSEYSIDEPAS.CO.UK. BY PROVIDING DETAILS ONLINE YOU DO NOT
NEED TO RETURN THE FORM
ONLY THE ADDRESSEE SHOULD COMPLETE THE DETAILS. DO NOT PASS TO
ANOTHER PERSON
Said letter, my V5 had the correct address, it’s the one I’ve
been living at for many years.
#Post#: 25863--------------------------------------------------
Re: Caught speeding Merseyside
DIR By: DWMB2
Date: June 13, 2024, 12:41 pm
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Whereabouts in the above does it mention that it was originally
sent to the wrong address?
As I noted earlier, uploading images of the correspondence is
probably easier.
#Post#: 25864--------------------------------------------------
Re: Caught speeding Merseyside
DIR By: Steve
Date: June 13, 2024, 1:06 pm
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It was when I logged into the link to check photos.
I tried uploading the image but the size was too big and I’m
terrible with technology.
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