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Posted by: davejh Tue, 13 Feb 2018 - 20:05
Post #1357468

Hi all, first post here and this has probably been covered a million times.

I was caught speeding in my wifes car on 26/01/2018. I saw the camera van parked in a lay by and looked down at my speedo and realised I was doing over the speed limit. I thought I was doing 35mph in a 30mph, the NIP letters states 37mph.

So, as stated this was on Friday 26th January. We received the NIP letter through the post today 13/02/2018. The NIP is dated 12/02/2018. Allowing for 1 day after the speed camera caught me that means they have issued the NIP 16 days after the incident. As far as I am concerned they are time barred now from prosecuting me. The car is registered in my wife's name, at our home address and has been since July 2016 when we moved here. It is taxed and insured all in her name at a home address. It is our private car and not a company car. As far as I am concerned there is no reason that resulted in them having to delay the sending of the NIP so it is my intention to write to them stating they are over the 14 day time limit for issuing the NIP. Does everyone agree?

Lastly as it is the wife's car do I actually still fill in my details to admit it was me driving? I have read conflicting reports and I don't want to do something wrong that gives the police a way in.

Thanks for any advice.

Posted by: nosferatu1001 Tue, 13 Feb 2018 - 20:16
Post #1357470

The person named must complete it
The driver must be named otherwise the FtF offence is committed

It certainly sounds like it was issued out of time, what’s the docref on your v5c? Double check the address is perfect.

Posted by: peterguk Tue, 13 Feb 2018 - 20:47
Post #1357478

The person to whom the S.172 is addressed to must name the driver regardless of whether the NIP might be out of time.

Posted by: southpaw82 Tue, 13 Feb 2018 - 22:02
Post #1357510

Get the V5C out and check the address is correct.

Posted by: Jlc Tue, 13 Feb 2018 - 22:30
Post #1357524

Technically your Wife fills in you as the driver and then you will receive your own form to fill in. You must do this as already noted a separate offence could occur which has a 6 points prize, regardless of any 'late' NIP.

Police systems should prevent NIP's being issued 'out of time' so you need to check all the details on the V5 closely. Please confirm the Documentation Ref Date at the bottom of page 2 in DD MM YY format. (After Doc. Ref. No.) There's possibly a reason for the 'late' issue.

Posted by: andy_foster Tue, 13 Feb 2018 - 22:32
Post #1357528

Is the NIP addressed to your wife?
Do you (or she) have the V5C (log book)? Unless you (or your wife) physically have the V5C, the consensus will be that you (or your wife) are not the RK. The consensus is rarely wrong on this.
If you have the V5C, is the address correct, and what is the date after the DocRef No. at the bottom of page 2? N.B. We do not need the DocRef. No. itself.

The obligation under s. 172 is personal, but performance need not necessarily be. In other words, if the driver is named, and it is somebody other than the person to whom the notice is addressed, the obligation to name the driver has been complied with, regardless of who actually provided the information. Where this sometimes goes awry is when the driver names themselves in response to somebody else's s. 172 notice and then fails to do so again when they receive their own notice under the misapprehension that their earlier response satisfies the subsequent requirement.

Posted by: davejh Tue, 13 Feb 2018 - 23:43
Post #1357584

Thanks for the reply all.

I am at work, but after all your help I thought I would call the wife just to get her to look at the log book and check it is all correct. As it turns out she never changed our address on it when we moved house back in June 2016! Not sure how she has missed it to be honest, but is going to change it tomorrow.

So, I am going to guess here now that I just accept the fine and points on this? I was speeding, as I said in my original post, although until I saw the van I didn't think I was. No defence though. The only thing that annoys me about it is I know for a fact that the camera van was in a bus stop, although I will never be able to prove it.

I just hope that they allow me to do a speed awareness course as I don't want the points to be honest.

Posted by: Jlc Tue, 13 Feb 2018 - 23:47
Post #1357586

Not sure why the bus stop makes any difference...

Your current address has either been supplied by the current residents or via the insurance database. It’s not unusual to see people update their licence but forget the v5... (they are not linked)

The 14 day ‘defence’ doesn’t apply.

A course should be offered.

Posted by: ford poplar Tue, 13 Feb 2018 - 23:57
Post #1357594

a Course MAY be offered,

Posted by: Logician Tue, 13 Feb 2018 - 23:58
Post #1357595

It is a very popular misapprehension that if the van is parked illegally it provides a defence, but it does not.

Posted by: The Rookie Wed, 14 Feb 2018 - 06:53
Post #1357605

Even ignoring the fact that while it may be illegal for joe public to park there, there will normally be an exception for vehicles being used for police purposes.

Posted by: Logician Wed, 14 Feb 2018 - 10:04
Post #1357649

Unlikely at a bus stop, I would have thought.

Posted by: davejh Wed, 14 Feb 2018 - 13:39
Post #1357756

Thanks for all your help all.

I did think that they were not allowed to illegally park, but it is no defence I was speeding so just have to take it on the chin and be more vigilant about my speed through the village (it is about a half mile stretch of road sandwiched between about 10 miles of NSL).

Again, thanks for your help.

Posted by: Jlc Wed, 14 Feb 2018 - 13:53
Post #1357764

Indeed, they are not allowed to park 'illegally' (if they were) but as you note it doesn't change any fact about your speeding.