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NIP, non-UK driver nominated. Now going to court, Threads merged
cheapshots
post Tue, 14 Aug 2018 - 09:13
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Hi all,

I'm new here and did a lot of reading prior to posting but couldn't find a similar issue raised.

NIP travelling 71mph in 60mph variable speed limit zone on M1 northbound.

The driver was my Canadian relative visiting the UK. I gave Police his details and a copy of his (Canadian) insurance policy too. I let him use my car on the condition his insurance covers him, which Police are saying it doesn't and now they want to take me to court for permitting use of my vehicle without insurance.

Before he drove my car, he explicitly told me his insurance covers him and that he brought his insurance papers with him. I'm mortified and furious at him (and myself) for trusting him. He's currently having words with his Canadian insurance company but I'm not holding my breath and have lost faith in him.

This is bad of me to say but a part of me wishes I fibbed and told Police I was the driver and be done with it (I have a clean license, never been on any courses etc); the irony of it all!

Anyway, I'm in this mess so have to deal with it. Questions for you lovely people:

1) Does anybody know what sort of result can I expect and do I have to physically attend Court?
2) I'm awaiting confirmation from various Freedom of Information requests, but I strongly believe the grace period between first setting the 60mph variable speed limit signs above the gantries and camera enforcement of the 60mph limit was less than 45 seconds. If this is the case, would it:
a) Invalidate the initial NIP
b) Also invalidate the current permitting to drive offence

Any help would be greatly appreciated.

Thanks,

cheapshots
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post Tue, 14 Aug 2018 - 09:13
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The Rookie
post Tue, 15 Jan 2019 - 16:18
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Good news.

And no it’s not uncommon for paperwork including statements to be added to a file and not even looked at..... and that was before ‘austerity’.


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cp8759
post Tue, 15 Jan 2019 - 20:50
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QUOTE (cheapshots @ Tue, 15 Jan 2019 - 16:00) *
Good news, the two charges were dropped!

Just before going into trial I gave the prosecution my position statement and to be honest, it seemed as though this is the first time they saw my evidence.

At one point the prosecution seemed like they were defending me and said they were satisfied that I allowed use of my car on the condition of having insurance.

The trial took 10 mins in total. I am so relived and so thankful to you all for your help and support.

I suspect it was a preliminary hearing rather than a trial, in which case I suspect the CPS simply discontinued the case.


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cheapshots
post Tue, 15 Jan 2019 - 21:22
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I think you’re right CP8759.

It was quite intiminidaring - I walked in and there were four Judges/Magistrates?

Anyway, I’m thankful to all for your continued help smile.gif
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southpaw82
post Tue, 15 Jan 2019 - 21:37
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I suspect three lay magistrates and the legal adviser.


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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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