Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Today I was flashed by a speed camera at 35mph in a 30 zone, ok fair enough I was over the speed limit and thats 3 points for me I expect
Now the complicated bit.
I was in my friends company owned van of which I thought I had insurance on. I say thought because I have fully comp on my own car and have always believed that it gives third party on another vehicle, however I phoned my insurance company and they have said this is not the case ! The van however is insured fully comp but obviously I am not a named driver.
This means I have been caught speeding without insurance !! I am now very very worried I am going to be in big trouble !
Can anyone point me in the right direction to get some help, or has anyone had a similar experience. Do they even check if the driver is insured etc Any advice will be helpful.
The first thing to do is to wait to see if the owner of the van receives a notice of prosecution (NIP) through the post. He should receive it within 14 days of the alleged offence. Once he receives it, he has an obligation to name the person who was driving the van at the time, or to make reasonable enquiries to establish who was driving the van if he is unsure. If he names you, then you will receive a NIP.
Normally when you recieve the NIP they just want to know that it was you that was driving. If you admit it, pay the fine, and submit your licence there is no mention of insurance and you never hear from them again.
Number 4, Stygia Avenue, Hell...come in, we have beer and Pringles.
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Re: Speeding Help
If it's a company car, it's more than likely that the NIP will go to your friend's company and not your friend himself. The company will assume that your friend was the one speeding, pay the fine themselves and then deduct it from your friend's wages, with any other admin fee they can squeeze out of him for doing so.
The company will assume that your friend was the one speeding, pay the fine themselves and then deduct it from your friend's wages, with any other admin fee they can squeeze out of him for doing so.
Sorry, but the above information is totally incorrect.
The company will be asked to name who was driving at the relevent time when the NIP is sent to them. They will not be asked to pay any fine at this point.Once they name the driver the police will send an NIP to the driver asking them to confirm they were driving. If the driver fills in the NIP and sends it back then they may well receive a conditional offer of a fixed penalty (COFP) giving them the option to pay £60 and have their licence endorsed.
There are several companies listed in threads on this forum that have done precisely as I stated above.
Rubbish. I defy you to find one thread!
They can do this for parking, not for speeding as speeding requires the identity of the driver and the application of penalty points - there is no way to simply pay a fine and pass it on.
Number 4, Stygia Avenue, Hell...come in, we have beer and Pringles.
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1,908
Re: Speeding Help
*shakes head in disbelief* Then I genuinely apologise for my error - however it was a simple and honest one, and did not warrant 'rubbishing', nor 'defying', merely an explanation as to why I was incorrect.
Why are people so willing to jump down others' necks on this forum at the moment? Where has the courtesy gone?
Demon, I gave you a good explanation which was clear, but your post immediately after saw you sticking to your guns and maintaining your position. Pat obviously responded in an assertive manner. You might not have liked the way he put it, but it was certainly to the point. It also had the desired effect and at least you are aware of the position with regards to speeding now.
Number 4, Stygia Avenue, Hell...come in, we have beer and Pringles.
Posts
1,908
Re: Speeding Help
I'm sorry Rob, but Pat's explanation was clearer than yours - I had got parking and speeding mixed up. You didn't explain this, and I knew I'd read about the process I was talking about, and so that's why I 'stuck to my guns', as you put it. Again, I apologise for my mistake; but it took Pat's explanation to put me right, although I disagree entirely with the tone that s/he took with me to do so.
lets clear it all up is it a limited company if so and does it own the vehicle ?
if so and it is impossible to know who the driver was and the nip does not have a name put on on it then the limited company an entity in its own right but not a person with a driving license cannot be given points but a bigger fine will be imposed.
this was explained to me by a prosecution lawyer
I am not trying to get out of the points or fine, i except them as it was my mistake.
Im just trying to find out if I will get something stupid like 9 points, 3 for speeding 6 for no insurance.
My friends business is a limited company and the van is owned by the company. When the NIP comes through he will have to say it was me driving.
Just wondering if they will check I have insurance on the van when he passes over my details. I spoke to a friend who let his friend drive his car, that day the friend got caught speeding, when the owner of the car named him as the driver he got 9 points, 3 for speeding, 6 for no insurance. Its a similar example as the car was also fully comped insured by the owner.
i have no hopre tp offer. you are afoolish individual who has committed and offence who now wants us all to gather round and solve your self inflicted problem for you. just pay up and learn your lesson
Ive always thought if you have fully comp, you have 3rd party on a different vehicle.
Understand something tpbournemouth vbmenu_register("postmenu _511567", true); im a genuine guy just trying to get some help. Your post offers nothing.
Ive made a simple mistake and accept this, Im not trying to dodge insurance ! Ive got a lotus elise with fully comp that costs me £2000 a year to insure, Im not trying to dodge insurance, Ive always paid insurance and never not paid, just a mistake !
Go post somewhere else where you actually have some knowledge.
Some insurance companies are moving away from providing TP cover on other vehicles due to past misuse. So you weren'yt insured by your own ins. company.
Did your mate have permission from his company for you to drive their van? If so, then you probably are covered by their insurance; if not, then you have probably exposed him to disciplinary proceedings that ,if they regard it as serious misconduct, could lead to his dismissal - and you weren't insured.
The upside is that as long as this is dealt with at [problem]era Partnership level, they will be so keen to get their hands on your £60 (they don't get it if the case goes to court) that they won't even look at insurance, etc.
I think im understanding now, if they go down the fixed penalty route (which is most likely as i was only doing 35mph) they dont do any checks, just want there £60 and give me 3 points.
If they decide court, then I could be in for the 8-9 points as more checks are carried out
hi, to offer some hope...(it is my belief and maybe someone with more authority or knowledge than me will put me right if i'm wrong *disclaimer*) but i think that prosecutions are only brought if your over the limit by more than 10% plus 2....which is 36..so maybe you'll get away with it at 35 (unless my maths is awful..)
**ROYAL BANK OF SCOTLAND
2/11/2006 - Sent S.A.R - (Subject Access Request)
16/11 - Statements Received (envelope slightly torn, no cover letter)
18/11 - Acknowledgement of S.A.R received
12/12 - Prelim Letter Sent Recorded Delivery To Local Branch
30/12 - Offer received for all charges minus interest
13/01/07 - Letter of rejection sent,along with new prelim (adjusted interest calculated)
29/01 - LBA sent recorded delivery
**NATIONWIDE**
5/11/06 - Sent S.A.R - (Subject Access Request)
13/11 - Acknowledgement of S.A.R received
23/11 - Statements Received (Special Delivery with cover letter, very impressed, good service)
12/12 - Prelim Sent Recorded Delivery To Local Branch
13/01/07 - New Prelim sent (adjusted interest calculations)
29/01 - LBA sent recorded delivery
the reality is thatoffenders seem unaware of the problems they can cause by 1. speeding 2.being unaware of their insurance staus 3.trying always to escape their responsibilty for ill considered actions. As for no expertise. as you say.you do not know who i am or who consults with me. insurance assessment is a wonderful world full of persons who are wholly ignorant of the law.
i have no hopre tp offer. you are afoolish individual who has committed and offence who now wants us all to gather round and solve your self inflicted problem for you. just pay up and learn your lesson
tpbournemouth,
most people on here if not all, are pretty genuine people with genuine problems, be it of their own doing or otherwise. The ability to ask for assitance in dealing with a genuine mistake and how to go about rectifying these is what this site is all about. Your post above, ( being only your third posting ) does nothing to help anyone. Comments as such are unwelcome on here, should you have something useful/constructive advice to give I'm sure radross would be most grateful as we all would be given the circumstances. Everyone makes mistakes in life and we, especially on CAG do not pass judgement on people asking for help.
Please refrain from making such comments on individuals, I'm sure when you require help, someone on here would willingly offer it to you, myself included if I was in a position to.
Friendship costs nothing but its rewards can be priceless. Do not judge, as you will not be judged but if you can, try and assist where possible.
everyone is entitled to MY opinion! I offer my comments without prejudice or liability.
If you found my advice helpful, please click the scales at the top.
Speeding Help
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Originally Posted by demon_x_slash
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