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Damon
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PostPosted: 16:27 - 07 Apr 2010    Post subject: Speeding fine... Reply with quote
Hi all, Recently my friend got caught speeding on my bike down the A217. He didnt get pulled over and the first I heard about it was a NIP on the doormat. I sent the docs off with his address and details about 3 weeks ago now and he still hasn't recieved anything.

What should I do? I want to make sure they have my response, but don't want to draw attention to the case if its just been overlooked/lost at the police station. Am I right in saying that if they haven't had a reply from me within 30 days they will just send out another form asking me to declair who was riding.

Sorry for the boring post,

Damon
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Wafer_Thin_Ham
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PostPosted: 16:28 - 07 Apr 2010    Post subject: Reply with quote
Don't worry about it.

Once you post the letter it becomes the responsiblity of the intended recipient under UK law. You did you get proof of postage right?
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MaybeGuy
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PostPosted: 16:30 - 07 Apr 2010    Post subject: Reply with quote
i ignored my speeding thing and they sent a repeat message, re-worded to sound vaguely threatening (lol) and basically saying you have about 14 days to hand it in.

i tried the same tactic after they sent me something asking me to confirm my details after flipping the gsxr and they sent it recorded signed delivery, so either or.
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dodgydog
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PostPosted: 16:34 - 07 Apr 2010    Post subject: Reply with quote
Some areas don't send out reminders so be careful, you MUST have proof of posting the docs back to them.
Also was your mate insured to ride your bike? they will check!!

If he wasn't, that's your responsibility also, big fine and points there too.

Sorry to piss on your picnic, but they don't give up easily.

Dog
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Damon
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PostPosted: 16:36 - 07 Apr 2010    Post subject: Reply with quote
Big_Ham wrote:
Don't worry about it.

Once you post the letter it becomes the responsiblity of the intended recipient under UK law. You did you get proof of postage right?


Nope, I just sent it in the prepaid letter they sent with the NIP. As it was nothing really to do with me I didnt think twice. Lesson learnt I think Neutral
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dodgydog
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PostPosted: 16:36 - 07 Apr 2010    Post subject: Reply with quote
Big_Ham wrote:
Don't worry about it.

Once you post the letter it becomes the responsiblity of the intended recipient under UK law. You did you get proof of postage right?


Don't think it is but not 100% sure, proof of postage is a must though, also keeping everything they send you, even the envelopes.
Pepipoo is ok, but remember NEVER identify yourself on there, they watch the site and It's infested with plod too.

Dog
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Damon
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PostPosted: 16:39 - 07 Apr 2010    Post subject: Reply with quote
dodgydog wrote:
Some areas don't send out reminders so be careful, you MUST have proof of posting the docs back to them.
Also was your mate insured to ride your bike? they will check!!

If he wasn't, that's your responsibility also, big fine and points there too.

Sorry to piss on your picnic, but they don't give up easily.

Dog


Yeah he was insured etc so all fine, everything legal apart from the going over the speed limit bit Rolling Eyes
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pepperami
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PostPosted: 16:48 - 07 Apr 2010    Post subject: Reply with quote
dodgydog wrote:

Pepipoo is ok, but remember NEVER identify yourself on there, they watch the site and It's infested with plod too.


i think it would be a sure bet that the same applies to this site. Sad
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Damon
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PostPosted: 17:02 - 07 Apr 2010    Post subject: Reply with quote
so what do we think? Should I give surrey police a ring tomorrow morning to make sure or shall I leave it?
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Pete.
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PostPosted: 17:50 - 07 Apr 2010    Post subject: Reply with quote
It might take a bit of time for them to send him his NIP. It's the first person (reg'd owner) that has to have the NIP within 14 days so once you have replied the time limit for them to get him to court is 6 months.

IF you received the original NIP after 14 days you should let him know as it's very likely that they could not prosecute him. You still have to return the NIP's though.
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yuri2085
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PostPosted: 17:53 - 07 Apr 2010    Post subject: Reply with quote
As you don't have proof of postage I am concerned you wouldn't do very well in court if they tried to do you for failing to identify the driver.
Although if they threaten you with that then I guess just... identify the driver? and say that you replied to them.


Thing is, I don't think its likely they will ignore the problem when they can get an easy conviction. 'We caught a speeding motorbike...therefore we saved his life' is the excuse for 'we got money!!!'.

In conclusion I wouldn't want a conclusion from me Smile
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Wafer_Thin_Ham
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PostPosted: 18:43 - 07 Apr 2010    Post subject: Reply with quote
dodgydog wrote:


Don't think it is but not 100% sure, proof of postage is a must though, also keeping everything they send you, even the envelopes.
Pepipoo is ok, but remember NEVER identify yourself on there, they watch the site and It's infested with plod too.

Dog


Actually it is. I believe Sickpup took the DVLA to court over something like this and won using that defence. Just let me find the thread. Thumbs Up

EDIT-
sickpup wrote:
justmetoo125 wrote:


Their claiming they never recieved the document from me.



DVLA will not like this.

Section 7 of the 1978 interpretations act states...

Quote:
Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.


You have fulfilled your side of the 'contract' (for want of a better word) by addressing, paying for a stamp and sending the letter. As they have only now refuted service and cannot be sure whether or not they failed to receive or internally lost your letter it is their problem to deal with.

Incidentally DVLA only record the arrival of recorded delivery and special delivery letters in a log book I have recently been informed. They also process in excess of 30,000 items of mail a day so some do go missing, the call us if you don't receive is their cop out throwing the onus upon you.


From

https://www.bikechatforums.com/viewtopic.php?t=156421&highlight=postage+dvla

Approximately half way down the page. Thumbs Up

According to that you don't even need proof of postage.
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m0l0t0v
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PostPosted: 19:01 - 07 Apr 2010    Post subject: Reply with quote
dodgydog wrote:

Also was your mate insured to ride your bike? they will check!!


They didn't with me. Was riding my friends bike when I got caught.

He got the letter, said it was me driving.


Then I never got a letter.

Been over 2 years now. Laughing

To the OP, leave it Wink

yuri2085 wrote:

Thing is, I don't think its likely they will ignore the problem when they can get an easy conviction. 'We caught a speeding motorbike...therefore we saved his life' is the excuse for 'we got money!!!'.


Not always true. I got caught red handed by a camera van on ym friend's bike, as above.

Clean licence me Angelic
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