Signed Notice Naming Me Not Received

Question:

Speeding mobile camera

Hi,

I was caught speeding by a mobile camera going 37mph in a 30mph speed limit. We received a NIP in the post for my husband as he is the registered keeper of the car. This notice came very late and I put it on the side for my husband to fill in my details. My x then picked up the letter by mistake and took it back to x with him as him.

Once I noticed he had done this I called the camera partnership people straight away and explained. I asked them to re send me a copy so that we could fill it in. I told them at this point that I was the driver. I was told that if this copy didn’t turn up within a week I was to call back. However, I received the notice and my husband filled it in and we sent it back. We waited and waited but I never received anything. So yesterday I called the camera unit and asked them what was happening as I was still waiting for my form to fill in so that I could admit the offence and tie the matter up.

The lady I spoke with told me that they hadn’t received the notice with my details on it. Three or four times during this conversation I told her that I was driving and that to send me the forms in my name and I would pay the penalty. She told me that she could not do this as they had not received that declaration that I was driving. She then told me that they would send another notice in my husband name and that I should just fill that one in with my details and send back the fine.

I pointed out that she should be sending my one in my name for me to put my declaration across and not my husbands as he was not driving the vehicle a the time of the offence. However, she stated that he would then have to go to court due to him failing to notify who the driver was at the time of the offence. Again I said to this women I WAS THE DRIVER. I asked why she couldn’t take this verbally as the calls were recorded and I was accepting the liability. She just kept saying we can do nothing, you husband will have to go to court for failing to notify us of the driver.

I don’t know where we stand with this. I do know that for the speeding fine they have to lay it before the magistrates within 6 months as it is a summary only offence. But what about failing to notify driver. I feel that we are having scare tactics used against us and I do not appreciate this as I am trying to admit liability honestly, but they are not allowing me to do this. Is it legal for me to fill in my details on the form that is meant for my husband? Where do we stand? Thanks for your help.

Dominic Says:

How long after the alleged offence did the original notice arrive – it has to be served within 14 days on the registered keeper.

They can only accept an admission of responsibility in writing on the correct form. They won’t accept an admission over the phone. They need the notice back from your husband in writing and signed by him to be satisfied that he has fulfilled his responsibility under s.172.

If your husband sent back a response naming you then he will have a defence to failing to name the driver – even if they never received it. They won’t send you out a form until they receive a signed response from your husband.

As it currently stands your husband will get a summons for failing to name the driver – because they are saying they did not get his response. He will be at risk of 6 points but he will have a defence if the court believes that he sent it back completed – i.e. that he gave the information that he was required to give. How long ago was your conversation with this lady?

Only your husband can fill out and sign a form addressed to him.

The summons for failing to supply information has to be laid within 6 months – have you got it yet? When did the speeding offence occur? Has your husband got any penalty points already? If so, how many?



About Dominic Smith

With a comprehensive knowledge of Uk motoring law, Dominic is an invaluable member of the Patterson Law team his specialist areas include; - drink-driving - failing to name driver - failing to stop - failing to report - special reasons arguments
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