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I have just been sent a letter (N I P) with regard to me being caught speeding last week. I was driving at 36mph in a 30mph zone. Wrong I know. There was a motorcycle police officer (who's motorbike was 'hidden') and he was standing on the pavement with a hand held speed detector. On receiving the letter, then have spelt my name wrong - STEVEN instead of STEPHEN, and I read somewhere that if the police have made a typing error, then the intended prosecution can go ahead, but if the DVLA have written the name wrongly on the V5, then I can appeal. I'm not 100% sure on this, and can't find where I read this.

Any idea's?

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The police can only ever seek to write to or contact the registered keeper, if the prosecution is one that follows up by post.

In whose name is your insurance - that’s the biggy?

I’d write and explain the previously undetected typo on the V5, underline the fact that you were insured and take the driver rehab course you are almost certain to be offered at that speed.

 

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As this was in the ‘other sales’ category I thought you were being very optimistic in selling your NIP 😉

On the subject of the bike being hidden, that part doesn’t matter, the Officer was visible and even then, I recently read an article debunking the myth that a speed detection device /team/person, needed to be in plain sight. 
 

I can’t help you on the misspelling of your name but as you have openly admitted to going too fast anyway, just take it on the chin!!!!

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Just now, Jaymo said:

As this was in the ‘other sales’ category I thought you were being very optimistic in selling your NIP 😉

On the subject of the bike being hidden, that part doesn’t matter, the Officer was visible and even then, I recently read an article debunking the myth that a speed detection device /team/person, needed to be in plain sight. 
 

I can’t help you on the misspelling of your name but as you have openly admitted to going too fast anyway, just take it on the chin!!!!

My error! 😊

3 minutes ago, Mungler said:

The police can only ever seek to write to or contact the registered keeper, if the prosecution is one that follows up by post.

In whose name is your insurance - that’s the biggy?

I’d write and explain the previously undetected typo on the V5, underline the fact that you were insured and take the driver rehab course you are almost certain to be offered at that speed.

 

It's in my name, and spelt correctly.

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Personally I would check my vehicle docs and if my name was spelt correctly then I would use the lawful excuse that I didn't receive a Notice before prosecution within the statutory period.    And cite the fact that its unlawful to open post that is not addressed top you.    If you didn't inform DVLKA they had it wrong, then there are potentially other offences.....

 

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54 minutes ago, steve_b_wales said:

I have just been sent a letter (N I P) with regard to me being caught speeding last week. I was driving at 36mph in a 30mph zone. Wrong I know. There was a motorcycle police officer (who's motorbike was 'hidden') and he was standing on the pavement with a hand held speed detector. On receiving the letter, then have spelt my name wrong - STEVEN instead of STEPHEN, and I read somewhere that if the police have made a typing error, then the intended prosecution can go ahead, but if the DVLA have written the name wrongly on the V5, then I can appeal. I'm not 100% sure on this, and can't find where I read this.

Any idea's?

A guy that I worked with last year , had a similar issue Steve.  On the letter that was sent to his house , the police has got his first name and middle name in the wrong order . It had gone on for quite some time( he tried really hard to get out of it) with several court appearances, and he ended up paying much more than the original fine. 

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25 minutes ago, mel b3 said:

A guy that I worked with last year , had a similar issue Steve.  On the letter that was sent to his house , the police has got his first name and middle name in the wrong order . It had gone on for quite some time( he tried really hard to get out of it) with several court appearances, and he ended up paying much more than the original fine. 

This. People watch a couple of American crime / courtroom dramas and think that a wrong letter in their name or a wrong digit in a postcode is a get out of jail free card. It’s not and anyone who plays those games ends up with double medicine at the end.

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What annoys me about these so called speed deterrents is where they actually sit in waiting, it is more akin to obtaining a high yield of offenders rather than reducing speed in areas that need it.  Example, round where I live they sit on a Nice straight road, open view for a good distance so they can ping you well before you get chance to see them, instead of built up area, near schools, pedestrians etc.. boils my **** that this is purely a money making exercise and abuse of power. Rant over, as you were.  

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14 minutes ago, TK421 said:

What annoys me about these so called speed deterrents is where they actually sit in waiting, it is more akin to obtaining a high yield of offenders rather than reducing speed in areas that need it.  Example, round where I live they sit on a Nice straight road, open view for a good distance so they can ping you well before you get chance to see them, instead of built up area, near schools, pedestrians etc.. boils my **** that this is purely a money making exercise and abuse of power. Rant over, as you were.  


Agreed. 

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If you believe that you were not speeding or have a decent case to argue, then seek legal advice..... do not waste your time with the court of facebook or any other social media forum.  Most of the loopholes that people mention have been well plugged and quoted by people with little or no knowledge.

The vehicle does not have to be in view.... in may be that it is not safe for it to be parked such, whatever, dependant on the situation.  The officer would be wearing high vis so that health and safety for their working on the road is covered. (thats why bike cops were hi vis, nowt to do with being on a bike, its for when they get off it)

I have been out a while now, but seem to recall that 36 was under the threshold which was of 10% +9 mph for the course - do not think it has changed in the last 9 years (also providing you had not had a course in the last 3 years and that you fully admit the offence.)

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I think you will find that the onus to check your documents is on you. If the V5 is spelt wrong then the onus would be for you to remedy that. 
 

You would probably also need to identify the driver. In that case the driver would be Stephen and you would merely be delaying the inevitable. 
 

you could take a punt and contest it in court - I think mungler has already provided you some good advice in regards that

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As suggested above it would probably cost more to fight it BUT if the points are an issue for you rather than the cash then have a go and best of luck as you are at that critical point of being 20% over

Edited by mgsontour
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No good relying on the wrong spelling on the V5 or everyone would spell their name slightly wrong to avoid prosecution.

More worrying for you is all the Goody-two-shoe, Peter Perfects on here who have never sped in their lives, calling you irresponsible, a potential murderer and demanding your tickets are revoked in the absence of capital punishment.

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It would be unlikely to go to court, your speed is only 1mph over the "10% +2" threshold.  I wouldn't bother asking them to clarify anything about the symantecs, that is just proving your guilt.  This isn't a parking ticket or similar offence judged under maritime law but a criminal offence, so a spelling mistake around the legal-fiction of your legal name isn't going to change the outcome.

 

However you could always ask them to provide a photo so that you assist with identifying who was driving the vehicle at the time.  You can take the chances and ask for it to go to court hoping that the Police don't see it as worth their time and fail to show up.  It is them that have to prove your guilt and there are potentially many loop-holes to get out of it (was the detector calibrated and was there a witness/2nd PC at the scene?),  however it is likely to get very expensive if you fail and the judge sees that you are just looking to get away with it.

 

Personally, I wouldn't admit to the speeding offence but would tell them that I am the "legal owner" of the vehicle and ask them to provide photographic evidence to judge their response.

 

If they offer a speed-awareness course take it and consider yourself lucky.

 

Edited by kwakkerjack
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The motorcycle speed cameras locally are ridden by officers with 'high-viz' clothing that would not be out of place in a pigeon hide. Its a particularly dark shade of green that is very difficult to see when they are lurking at the side of a rural road. I don't doubt its effectiveness in an urban setting but you get the idea that its being done deliberately.

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5 hours ago, steve_b_wales said:

That's the V5 form, I believe, and my name is spelt wrong. 

Hi Steve sorry if I have gotten this wrong but are you saying that it is spelt wrong on your v5 document...if so you might be on a sticky wicket as you are supposed to check said document when it arrives and inform them of anything that's wrong....to be honest if you were caught doing 36 in a thirty put you hands up...I think we have stop deportation....😯

1 hour ago, kwakkerjack said:

It would be unlikely to go to court, your speed is only 1mph over the "10% +2" threshold.  I wouldn't bother asking them to clarify anything about the symantecs, that is just proving your guilt.  This isn't a parking ticket or similar offence judged under maritime law but a criminal offence, so a spelling mistake around the legal-fiction of your legal name isn't going to change the outcome.

 

However you could always ask them to provide a photo so that you assist with identifying who was driving the vehicle at the time.  You can take the chances and ask for it to go to court hoping that the Police don't see it as worth their time and fail to show up.  It is them that have to prove your guilt and there are potentially many loop-holes to get out of it (was the detector calibrated and was there a witness/2nd PC at the scene?),  however it is likely to get very expensive if you fail and the judge sees that you are just looking to get away with it.

 

Personally, I wouldn't admit to the speeding offence but would tell them that I am the "legal owner" of the vehicle and ask them to provide photographic evidence to judge their response.

 

If they offer a speed-awareness course take it and consider yourself lucky.

 

 

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4 hours ago, TK421 said:

What annoys me about these so called speed deterrents is where they actually sit in waiting, it is more akin to obtaining a high yield of offenders rather than reducing speed in areas that need it.  Example, round where I live they sit on a Nice straight road, open view for a good distance so they can ping you well before you get chance to see them, instead of built up area, near schools, pedestrians etc.. boils my **** that this is purely a money making exercise and abuse of power. Rant over, as you were.  

The police officer, had his motorbike tucked away in a private carpark, with a very 'convenient' hedgerow/bush hiding it. I know for a fact that he did NOT have any hi viz clothing on, as when I saw 'someone' standing on the pavement, he had a dark jacket on. Proving this, apart from trawling through over a weeks worth of dash cam footage, would be difficult. I agree that this is a money making exercise.

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7 hours ago, steve_b_wales said:

That's the V5 form, I believe, and my name is spelt wrong. 

Playing devils advocate, are you not responsible with regard to checking the form and notifying them of any mistakes?

Oh and of course you were by your own admittance speeding.

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