57 in temporary 40, Outcome? |
Helping the motorist get justice 
Helping the motorist get justice
57 in temporary 40, Outcome? |
 Mon, 26 Mar 2018 - 22:45
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#1
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New Member Group: Members Posts: 3 Joined: 26 Mar 2018 Member No.: 97,260  |
I drive a company car and my employer received a NIP alleging 57 in a temporary 40. They will return the NIP naming me as the driver. I assume I will then receive a NIP?
I currently have a clean licence but did a speed awareness course in May 2015. What is the likely outcome of this? Will I get FPN and 3 points or will it be more severe? Thanks in advance |
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Mon, 26 Mar 2018 - 22:45
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Mon, 26 Mar 2018 - 22:54
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#2
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 Member  Group:  Life MemberPosts: 24,219 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
For courses it is the dates of the offences, not the date the course was taken that matters (unless the offences have different courses - e.g. 20 limits, motorways, Wednesdays, etc.).
Assumiong that you are not eligible for another course, you should get a COFP (fixed penalty offer) for speeds of up to 25 over any limit of 40 or higher. 17 is not usually more than 25. -------------------- Andy
Some people think that I make them feel stupid. To be fair, they deserve most of the credit. |
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Tue, 27 Mar 2018 - 05:52
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#3
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 Member Group: Members Posts: 41,580 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
...3 points, £100.
-------------------- 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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Tue, 27 Mar 2018 - 06:59
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#4
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 Member Group: Members Posts: 56,260 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
QUOTE (Sjaisie @ Mon, 26 Mar 2018 - 23:45)  They will return the NIP naming me as the driver. I assume I will then receive a NIP? Correct, the company can't name you as driver (unless they happened to be sitting next to you), the police will consider it a nomination of keeper and will then ask you to confirm you were the driver or nominate the actual driver if that is someone else. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Tue, 27 Mar 2018 - 07:48
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#5
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Member Group: Members Posts: 4,777 Joined: 29 Oct 2008 Member No.: 23,623 |
The speed is too fast to expect a course even if you are eligible. Courses are usually offered up to (Limit +10% +9mph) - so 53 mph in a 40 limit.
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Tue, 27 Mar 2018 - 08:57
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#6
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 Member Group: Members Posts: 33,634 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
QUOTE (The Rookie @ Tue, 27 Mar 2018 - 07:59) QUOTE (Sjaisie @ Mon, 26 Mar 2018 - 23:45) They will return the NIP naming me as the driver. I assume I will then receive a NIP? Correct, the company can't name you as driver (unless they happened to be sitting next to you), the police will consider it a nomination of keeper and will then ask you to confirm you were the driver or nominate the actual driver if that is someone else. In order to be admissible evidence against the driver, the s 172 notice has to be both addressed to them and signed by them - s 12 Road Traffic Offenders Act 1988. That applies regardless of whether the previous person in the chain was sat next to them at the relevant time or not. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Tue, 27 Mar 2018 - 09:31
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#7
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New Member Group: Members Posts: 3 Joined: 26 Mar 2018 Member No.: 97,260 |
Thanks for all the replies.
So basically I shouldn’t need to worry about expecting a court date, more than 3 points or a temporary ban then? |
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Tue, 27 Mar 2018 - 09:58
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#8
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Member Group: Members Posts: 41,580 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
In the normal course of events, no.
-------------------- 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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Sun, 8 Apr 2018 - 08:52
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#9
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New Member Group: Members Posts: 3 Joined: 26 Mar 2018 Member No.: 97,260 |
I have now received the NIP, so need to return it saying I was driving at the time of the alleged offence. When can I request the evidence?
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Sun, 8 Apr 2018 - 09:01
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#10
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Member Group: Members Posts: 3,315 Joined: 17 Jun 2011 Member No.: 47,602 |
QUOTE (Sjaisie @ Sun, 8 Apr 2018 - 09:52) I have now received the NIP, so need to return it saying I was driving at the time of the alleged offence. When can I request the evidence? You can't. What you can do is request photo(s) "to help identify the driver". Don't mention "evidence". They will probably supply photos, or direct you to a website, but they're not obliged to. Obviously, you shouldn't name the driver before you've asked for photos. And remember the 28 days apply, whether or not they supply photos. |
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Sun, 8 Apr 2018 - 09:02
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#11
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Member Group: Members Posts: 56,260 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Any time you like, but the Police don’t have to supply it unless you enter a not guilty plea in court.
You can however ask them now for photos to help confirm the drivers ID or similar wording before you identify the driver Andy they will usually send something of some use. That doesn’t mean you can miss the 28 days in which to reply though. Best to avoid asking for ‘evidence’ just ask for photos as some forces can be a bit narky. Unless you genuinely think the reading is wrong it’s probably little more use that satisfying a curiosity though? -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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