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57 in temporary 40, Outcome?
Sjaisie
post Mon, 26 Mar 2018 - 22:45
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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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post Mon, 26 Mar 2018 - 22:45
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andy_foster
post Mon, 26 Mar 2018 - 22:54
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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.


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Jlc
post Tue, 27 Mar 2018 - 05:52
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...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

Private Parking - remember, they just want your money and will say almost anything to get it.
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The Rookie
post Tue, 27 Mar 2018 - 06:59
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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.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

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NewJudge
post Tue, 27 Mar 2018 - 07:48
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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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southpaw82
post Tue, 27 Mar 2018 - 08:57
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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.


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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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Sjaisie
post Tue, 27 Mar 2018 - 09:31
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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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Jlc
post Tue, 27 Mar 2018 - 09:58
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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

Private Parking - remember, they just want your money and will say almost anything to get it.
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Sjaisie
post Sun, 8 Apr 2018 - 08:52
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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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666
post Sun, 8 Apr 2018 - 09:01
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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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The Rookie
post Sun, 8 Apr 2018 - 09:02
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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 8-0 PPC's
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