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Alleged Speeding, No NIP Recieved
vetalan
post Thu, 24 Feb 2011 - 10:41
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My partner has recieved a letter from Suffolk Constabulary relating to an alleged speeding offence on the 8 Jan(no specific time, place or speed are listed). It refers to a Notice of Intended prosecution previously sent. No notice has been recieved. The weekend of the 8th we were in Suffolk, We shared the driving between us but have no recollection of any alleged speeding offence.
My initial thought is to get my partner to write a letter in response stating that no NIP has been recieved and the driving was shared between both of us. Ask them to provide further details on the specific time and place and details of the alleged offence and any other pertinent information (such as a photograph if available) that will be relevant in helping her identify who was driving.
Any thoughts on the above approach or alternative suggestions would be welcome.
Thanks all
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post Thu, 24 Feb 2011 - 10:41
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peterguk
post Thu, 24 Feb 2011 - 10:46
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Does the "letter" you have just received contain a S.172 notice asking for the identity of the driver?

If it does, then you are obliged to respond to the notice by naming the driver, whether the original NIP was received or not.

If it does not, then i suggest calling the SCP/BiB asking for a copy of the original.

This post has been edited by peterguk: Thu, 24 Feb 2011 - 10:52


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Logician
post Thu, 24 Feb 2011 - 10:50
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If they did not send out a NIP to be received within 14 days by the RK, then they cannot prosecute the speeding offence. I would explain that no NIP has been received and ask for a copy, which should give the information you want, and any available photographs to assist in identifying the driver. Do not ask for proof or evidence and say no more at this stage.


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vetalan
post Thu, 24 Feb 2011 - 12:42
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Thanks Guys, the letter makes reference to the NIP and that the NIP requested information regarding the keeper/hirer/driver in accordance with s172 of the RTA 1988.
Because no NIP has been recieved this information has not been provided.
I will get my partner who is the registered keeper to write explaining no NIP recieved could they please send a copy and any photographic evidence to help in identifying the driver and as suggested say nothing more at this stage. Will do this by registerd post.
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jobo
post Thu, 24 Feb 2011 - 12:45
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QUOTE (Logician @ Thu, 24 Feb 2011 - 10:50) *
and any available photographs to assist in identifying the driver. Do not ask for proof or evidence


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vetalan
post Wed, 16 Mar 2011 - 10:30
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My partner has now recieved a letter (dated 02/03 sent 2nd class)) back from Suffolk with a copy of the NIP and a copy of the photograph. The location and time (58 in a 50 A12, Benhall 16:29 09/01) are given and we have tried to workout from a map and the visits we did during the day who was driving. My partner is researching her family tree so we spent the day visiting small villages, churches, and graveyards. We made lots of small journeys and stops and kept swapping drivers each time. The photo provides no oportunity of driver identification.
So not too sure how to proceed from here. The car is hers, we were in the location and one of us was driving at the time. Do I get her to write a letter stating that both of us were in the car (I am a named driver on her insurance, we have various receipts on my credit card and her credit card showng we were both in the area saturday night and sunday morning) Or do we just flip a coin and return the NIP signed?

This post has been edited by vetalan: Wed, 16 Mar 2011 - 11:00
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AFCNEAL
post Wed, 16 Mar 2011 - 11:37
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Only do that if you want c£500 and 6 points.

There is a myriad of posts here on the requirements to demonstrate diligence in respect of identifying the driver - read them and make your own decision. In the final reckoning and when faced with a huge fine and insurance premium crippling MS60 endorsement, most people seem to be able to recall who was driving........


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Logician
post Wed, 16 Mar 2011 - 11:39
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If your partner replies that she cannot tell which of you were driving, she will be prosecuted for the s172 offence. To defend that charge she will have to show that she exercised reasonable diligence in trying to ascertain the driver. Courts are now very reluctant to accept that, and the penalty for failure is 6 points and a large fine. It may well be your best move to guestimate to the the best of your ability which one of you it was and nominate that one.

This is assuming that you accept it was your partner's car and it was speeding.


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vetalan
post Wed, 16 Mar 2011 - 11:49
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Thanks guys, it doesn't seem worth the hassle to go to court so I think its down to flipping a coin tonight to see which one of us will go down as the driver and we can return the NIP signed and done. We both have clean licenses so hopefully it will be 3 points and a minimum fine whatever that happens to be.
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Logician
post Wed, 16 Mar 2011 - 12:14
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If you are within the limit for a fixed penalty it will be £60 + 3 points.

Edit: sorry, did not notice you had posted the speed and limit. Either a fixed penalty or SAC offer are possible.

This post has been edited by Logician: Wed, 16 Mar 2011 - 12:26


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Aretnap
post Wed, 16 Mar 2011 - 12:18
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For 58 in a 50 the driver will be offered a fixed penalty of £60 and 3 points, or possibly a speed awareness course (a few quid more but no points). I agree that in the circumstances you're better off taking a wild guess at who was driving than risking a s172 conviction.
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Aretnap
post Wed, 16 Mar 2011 - 12:28
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If you do toss a coin, ensure that there is no ambiguity when naming the driver. Any response along the lines of 'I'm not sure that I was driving but am prepared to accept responsibility anyway' will be regarded as no response, and result in a summons for failure to provide driver info.
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