Jump to content


  • Tweets

  • Posts

    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Speeding fine-address not updated at DVLA


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2369 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all,

 

I have received a notice 01/09/17 about driving with 35mph in the 30 zone on 14/07/17 ,taken by camera.

I confirmed it was me and was just about to book the speed awareness course.

 

On 21/10/17 I received another one taken at the same place,by same camera saying I drove 36mph.The date of the offence is 06/07/17!!!!!I accept the fact I drove that fast probably as it's a tricky place after a hill.

But...they are sending it 14 weeks after the offence!!!Even if I did not update DVLA when changed address,they have found me with the other notice 8 weeks ago which took place later than this one.

 

Can I contest both or one of them on the basis of late notificitation.They are way out of the 14 day time frame.Or not updating DVLA means it's my fault and I couldn't contest?

 

I am running out of time as the course should be booked very soon.

These fines mean I will struggle immensely with Christmas,so looking forward to your wise advice!Thanks

Link to post
Share on other sites

How long before these events did you change address without updating the registered address for the vehicle with DVLA ?

 

It would be your fault, if you moved ages before these events. The notifications would have gone to your old address first of all and then returned undelivered. They have tracked you down and resent them.

 

Take the speed awareness course anyway and that should deal with one of them.

 

You will just have to accept and deal with these. Remember that DVLA can report you for not updating your address within reasonable time.

 

Do you have any other points on your licence ? How old are you ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

They are out of time in respect of the NTKs but of course you haven’t told the DVLA you’ve moved. This can attract a £1000 fine and technically means you are driving without a valid licence.

 

I suggest redacting the NTKs and posting them here for more knowledgable advice....

Link to post
Share on other sites

Are the NIPs necessarily out of date so long as they have been served on the OP's last known address as per DVLA? I would feel sure that the law would allow for such aloophole to be closed.

 

By virtue of not updating DVLA then I believe the timeframe would be rightly ignored. I’d be very nervous about appealing...

Link to post
Share on other sites

Is there any way to gather information from police about the dates of posting them to me before appealing?

 

It is quite a complicated situation as I used to live in a shelter.

My post went through staff.

What if they mixed something up and the letters were on time?

 

I had to sign for all the letters I took from my box though.

 

I could write to them maybe to check their book at shelter.

But that could take time and it does not help that I made a complaint against them...

 

I am not a tech savvy but try and post them,

thanks.

Link to post
Share on other sites

Ok, let’s break this down into simpler chunks to deal with.

 

You state you had two letters from the Police regarding two speeding offences.

If you are the registered keeper of the car then you should have received one NIP (notice of intended prosecution) for each offence.

 

These letters are usually a two sided affair that shows the offence date, location, and time.

It requires the keeper to either identify the driver or admit to being the driver.

 

Can you please check these two letters and in each case give us the date of offence and the date the NIP was produced.

Link to post
Share on other sites

Don't think you can upload any documents to a thread until you have made 10 posts or more to this site.

 

In this situation, given that you have moved soon after these offences, i think you should respond to the address shown on the letters. If there is a telephone number, give them a call to ask for more information after explaining what has happened.

 

Given that you don't deny the speeding offences, it is case of sorting out a way to minimise the cost/penalty.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Sorry,I try my best.Thanks for your patience.

 

First notice I cannot find,typical.

But the date of offence is confirmed on speed awareness workshop offer.14/07/17.

The NIP came by post on 02/09/17.

 

(For some reason I have until 21/12/17 to complete the course in spite of stating in letter that the expiry date for completing is four months from the date of offence.)

 

Second notice says it was issued on 20/10/17.

Date of offence is 08/07/17.

I did not reply on this one yet.

 

I called the Police and found out that it was sent to my oldest addressed first on 13/07/17 and then to the shelter as I never filled in the V5 document.

 

The lady on the phone said I could appeal against the 2nd notice on the grounds of my financial situation and could probably get the chance of paying in parts.

 

Any experience with that?

Or should I start a new thread for that?

 

I will do the course for the first one to avoid more points on licence.

Link to post
Share on other sites

This is exactly why one needs to update all agencies and creditors with the latest address.

 

If you take the Police’ word for it and are happy that you were indeed speeding on both occasions and that both NIPS were originally served correctly then the best thing to do would most likely be take the speed awareness course and ask for time to pay the fine for the second offence.

Link to post
Share on other sites

Thanks for the advice.

To be honest I have been through a lot recently and I never had to deal with things like that before.Learning my lessons now.

It would mean quite a lot of stress for me to appeal this.I believe I would qualify as my situation is not too bright.

Still I hoped that someone might have been through this process to advise me what to expect.

 

I am very grateful for this forum.I came across it browsing Google about speeding fines.Great place,much appreciated!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...