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Trade plate driver - received NIP 3.5 months after offence
JD London
post Sat, 16 Jan 2021 - 13:34
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Hi,

Currently working as a trade plate driver for BCA. (normal job on hold due to Covid)

Just received an NIP dated 14/1/21 for an alleged offence on 28/9/20 so three and a half months ago. I presume it's taken that long as probably gone through previous keeper, lease company, then BCA before finally being directed to me.

As older posts on here have stated, trade plate drivers may often swap drivers/vehicles around depending on who needs to end up in what location at the end of the day so I can't be sure if I was driving at the time of the offence.

Where do I stand on this one? (Vehicle was recorded at 79, but they don't specify the speed limit where the offence happened - they just quote a section of legal jargon covering 70, 60, and 50 mph sections without confirming which applies in this case - it was a dual carriageway)

Many thanks,
John
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post Sat, 16 Jan 2021 - 13:34
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Jlc
post Sat, 16 Jan 2021 - 14:19
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QUOTE (JD London @ Sat, 16 Jan 2021 - 13:34) *
Where do I stand on this one? (Vehicle was recorded at 79, but they don't specify the speed limit where the offence happened - they just quote a section of legal jargon covering 70, 60, and 50 mph sections without confirming which applies in this case - it was a dual carriageway)

You have to respond to the s172 request. It's not clear if you were the person keeping the vehicle?

The speed limit doesn't have to be given.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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TMC Towcester
post Sat, 16 Jan 2021 - 14:20
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Does it say where the offence took place? If so, were you there at/near the time? If so.........................go figure, if not fill in the form accordingly. I'd be surprised if BCA don't log their drivers tbh - do they?
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baroudeur
post Sat, 16 Jan 2021 - 16:26
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QUOTE (JD London @ Sat, 16 Jan 2021 - 13:34) *
Hi,

Currently working as a trade plate driver for BCA. (normal job on hold due to Covid)

Just received an NIP dated 14/1/21 for an alleged offence on 28/9/20 so three and a half months ago. I presume it's taken that long as probably gone through previous keeper, lease company, then BCA before finally being directed to me.

As older posts on here have stated, trade plate drivers may often swap drivers/vehicles around depending on who needs to end up in what location at the end of the day so I can't be sure if I was driving at the time of the offence.

Where do I stand on this one? (Vehicle was recorded at 79, but they don't specify the speed limit where the offence happened - they just quote a section of legal jargon covering 70, 60, and 50 mph sections without confirming which applies in this case - it was a dual carriageway)

Many thanks,
John


Hopefully, it was a used vehicle not a new one!

Is the trade plate issued to BCA or do you work for a BCA sub-contractor to whom the plate is registered? The initial notice would have gone to the trade plate registered holder who would be required to identify the driver at the time of the alleged offence and, presumably, you have been named? TP holders are required to keep records of its use.
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Logician
post Sat, 16 Jan 2021 - 16:27
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QUOTE
Where do I stand on this one? (Vehicle was recorded at 79, but they don't specify the speed limit where the offence happened - they just quote a section of legal jargon covering 70, 60, and 50 mph sections without confirming which applies in this case - it was a dual carriageway)


That is in the title of the regulation that imposes national speed limits, so as it was a dual carriageway the limit is likely to have been 70, and a speed of 70 would therefore bring the offer of a course if you are otherwise eligible and it was not in Scotland, or failing that a fixed penalty of £100 + 3 points.


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