Speeding Ticket

[Brigadier]

WOW. I'm going to switch to a leased car so that I needn't worry about speeding.

What the actual are you on about? As usual.

 

[Brigadier]

Just what indicates the vehicle speed to a driver. - The speedo. True some signs also indicate it but a speed limit sign doesn't.

As for my previous post.

 

[Ihavenojob]

What the actual are you on about? As usual.

I was going to ask the same thing.

 

[Brigadier]

For simplicity and clarity (as I read it):

OP got a speeding ticket.
Driving speed and posted limit, are therefore unarguable, to all intents and purposes.

14 days (to receive the Notice of Intended Prosecution) applies to the registered keeper.
OP states that the car was leased, therefore the registered keeper is the lease company.
They may well have received the NIP within the time - I believe the NIP can be a little beyond the 14 days, without nullifying it - and then the lease company will forward it on to the person who leased the car.
The lessor will therefore not receive the NIP in 14 days.

I would expect that, in the event of the lessor not confirming who was driving, any prosecution would default to being against the lessor.
I cannot believe that the leasing company would receive liability, otherwise leasing would be a get-off-scot-free deal.

 

[motorbiking]

I didn’t read all the usual BS.. but here is a summary..

The registered keeper is under a greater obligation to identify the driver than a person named as the potential driver. All reasonable efforts under pain of prosecution for failure to ID
The 14 day rule won’t apply if the RK is the lease company.
If you are not the RK the burden is lower, you must share the driver based on information you have. It’s harder to be prosecuted for failure to ID if you are not the RK.

26 in a 20 is probably not worth risking a failure to ID and court appearance. It may still be in the realm of speed awareness..

You should also check the road and ensure it’s not actually a 30 zone. Many are not lawfully implemented. E.g roundalls and repeaters missing. (Assuming not wales).

 

[martygturner]

Its a £100 fine and 3 points or a speeding awareness course verses a failure to identify, £1000 fine and 6 points... one of them was driving there are no loopholes.

 

[IT Minion]

I read it more as the OP wondering what they should do when they're being told to give a clear "it was me"/"it was my wife" statement when they don't know who it was.

After all lying to the police about speeding points isn't a good look.

 

[motorbiking]

Its a £100 fine and 3 points or a speeding awareness course verses a failure to identify, £1000 fine and 6 points... one of them was driving there are no loopholes.

If you aren’t the RK. There is plenty of scope and twenty zones are occasionally unenforceable

 

[motorbiking]

For simplicity and clarity (as I read it):

OP got a speeding ticket.
Driving speed and posted limit, are therefore unarguable, to all intents and purposes.

14 days (to receive the Notice of Intended Prosecution) applies to the registered keeper.
OP states that the car was leased, therefore the registered keeper is the lease company.
They may well have received the NIP within the time - I believe the NIP can be a little beyond the 14 days, without nullifying it - and then the lease company will forward it on to the person who leased the car.
The lessor will therefore not receive the NIP in 14 days.

I would expect that, in the event of the lessor not confirming who was driving, any prosecution would default to being against the lessor.
I cannot believe that the leasing company would receive liability, otherwise leasing would be a get-off-scot-free deal.

If the lease company is the registered keeper they will reply to the NIP with the name and address of the customer leasing the vehicle. That person is not under the same obligations.

Road Traffic Act 1988

An Act to consolidate certain enactments relating to road traffic with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.

www.legislation.gov.uk

Sec 2 a) applies to the lease company
Sec 2 b) applies to the customer.

Note the obligations are different.

RK nominates customer, customer denies it and nominates wife. Wife denies it.

I believe it’s called a clarkson (denied being the driver) though the Hamilton is different but similar (blamed each other). Both are well known.

 

[Murdochcat]

Nominate the driver with the fewest points on their licence ….

 

[motorbiking]

Not good advice.

Perverting the course of justice is incredibly serious by comparison.

 

[freddiemercurystwin]

I don't think the police will give a hoot in reality and this kinda thing goes on all the time.

 

[motorbiking]

Google will tell you otherwise.

 

[Doug99]

If you’re not sure, I reckon the registered keeper will be prosecuted. Just my opinion.

The registered keeper is the lease company.

 

[Doug99]

BTW aren't they supposed to issue the ticket within 14 days? Or have you just come back from a long holiday?

The ticket was issued to lease company, who would not forward it directly on to me. The lease company then informed the police my details who then re-issued the ticket. Hence the delay.