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[NIP Wizard] Unsure driver - Average speed in Roadworks
post Mon, 16 Apr 2018 - 13:54
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Member No.: 66,863

NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - February 2018
Date of the NIP: - 31 days after the offence
Date you received the NIP: - 47 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M60 M/Way Clockwise Jct25, Bredbury, Stockport, UNITED KINGDOM
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Not known
If your are not the Registered Keeper, what is your relationship to the vehicle? - Friend
How many current points do you have? - 0
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - The car belongs to a friend of mine that we borrowed to go to a family event.

It was pouring with rain, Early hours of the morning 01:08 AM My wife and I on the way back from a family event.
We are very careful with average speed and actually used cruise control to avoid, but did not realise we were in an average speed zone. As they are doing works currently i don't even know if there is street lighting in operation. Car was caught doing 66MPH in an average speed of 50MPH ( Driver probably assumed the limit was 70 MPH) - the thing is we changed drivers, so i am unsure if it was myself or my wife at that point. Tracing back from whats-app messages etc i can assume it was me but i am not sure.

I told my friend to say i was the driver as i thought i would be offered the drive awareness course but as it 66MPH they will not offer the course.
Is there anyone who can help with this please?

NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - No
Is the NIP addressed to you personally? - Yes
Although you are not the Registered Keeper, were you the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - No
As you were not responsible for the vehicle, somebody else has named you as the driver. Were you driving? - Unsure
Do you know who was driving? - Unsure who was driving

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • As you are not the person keeping the vehicle, the reasonable diligence test doesn't apply to you.
    Therefore, you are only required to provide such information as is in your power to give (e.g. the names and addresses of the possible drivers).

    You should reply within the 28 day period and explain the circumstances in a covering letter.

Generated by the PePiPoo NIP Wizard v3.3.2: Mon, 16 Apr 2018 13:54:03 +0000
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