Hello,
Please see attached.
A friend (new driver) needs help, he says there were no signs of speed limit (20 mph) and he has already 3 points so he cant afford to get another 3!
If you see the date of the NIP is 28/2/19 and the alleged offence is 11/2/19!
Does he still need to name the driver or what should he respond?
Thanks.
Here are the signs: https://www.google.co.uk/maps/@51.5089464,-0.0738104,3a,75y,212.47h,83.07t/data=!3m7!1e1!3m5!1s2MtobMDGZRk8ly7rvNbBIA!2e0!5s20180301T000000!7i16384!8i8192
There's numerous repeater roundels painted on the road.
He needs to answer the section 172 request no matter what, or he risks 6 points and a large fine for failing to reply. This applies regardless of whether the NIP is late or not.
Quite aside from that, is he the registered keeper? As in does he have a V5C in his name? If yes, he might have a defence to speeding (but he still needs to reply identifying himself as the driver), but to be honest it's far more likely that the V5C is held by a car club, finance company, lease company or similar and the first NIP went to them. The 14 day rule does not apply to any NIP apart from the first one, which is issued to whoever holds the V5C.
An NSAC20 course will be offered for 28 in a 20; this means your friend will not receive any points, but it will cost him for the course instead.
Is your 'friend' a new driver under the law? Had their licence for less than two years? If so they should not delay sending their details in irrespective of 14 days applying or not.
You appear to have an awful lot of friends who speed and come to you for advice.
Can you complete the NIP wizard and have the output added to this thread please, link top right or in the 'READ THIS FIRST BEFORE POSTING' sticky.
If your friend believes he's the registered keeper then the following questions should be asked
1/ Do you have the V5c registration document and are the name and address correct
2/ At the bottom of page 2 is a DocRef with a date, that's the date the DVLA last updated the records, does this postdate the date of the alleged offence (due to a change of address or it's recently purchased).
3/ Its not a Company car, lease car, Hire car or on finance where the finance company is the registered keeper?
Ah.. you were right. I asked and it was indeed a rented car. So the 14 days is no defence.
Now: he has a license for less than two years and has had a course already around 6 months ago for driving 36 instead of 30. What are the consequences of him providing the information now on a 28 instead of 20?
Should be a course but nothing will be offered until the driver is confirmed.
See attached letter (sorry for poor quality).
He gave in his name as required and was not offered the course, see above his previous course was for 36 on a 30! Poor fellow anything he can do to ask for a course instead of points?
BTW: he says it was dark and signs were not visible.
He has no entitlement to a course, but can, if he wishes, call the police and ask why he was not offered one.
He says signs were not visible? Specsavers might be able to assist him!
No one is "entitled" to a course, the Police can offer one or not, it's their choice. The reason for not may have nothing to do with the driver, it could be down to having no space available for the next few months.
It can't hurt to call the police and ask why he's not eligible.
Their switchboard should be 020 7601 2222
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