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FightBack Forums > Queries > Speeding and other Criminal Offences
HughC
I received a reminder letter from the police referring to a NIP which I never received. This was for speeding in a 30 zone, which had historically been a 40 and which I had driven along almost daily. Frankly it's a miracle I don't have a dozen of these because I genuinely didn't realise things had changed. I am not much interested in fighting the police about it as I realise now that there are 30 signs painted on the road and on the top of poles, so that's never going to fly really.

Anyway, I, perhaps rather foolishly, as I was in no way interested in messing the police around, filled in the driver details on the form. I have duly received the offer of points or speed awareness course etc.

The thing is, at almost exactly the same time I received another NIP about an average speed camera on the M25. I had also filled this in and sent it off and applied for the speed awareness course by the time I had properly thought about the other.

What I now realise is that it could just as easily have been my wife driving in the 40 zone, and for obvious reasons it would be preferable for us both to go on a speed course than for one of us to end up with 3 points.

So the question is, is there any way I can backpedal here and get my wife's name down as the driver?

Many thanks...
nosferatu1001
Unlikely to fly, I would have thought.
AntonyMMM
QUOTE (HughC @ Tue, 19 Jul 2016 - 11:38) *
What I now realise is that it could just as easily have been my wife driving in the 40 zone, and for obvious reasons it would be preferable for us both to go on a speed course than for one of us to end up with 3 points.

So the question is, is there any way I can backpedal here and get my wife's name down as the driver?


Could have been your wife or was your wife ?

If you genuinely believe she was driving you can ring them and let them know that after further thought/enquiries you realise you made a mistake on the driver nomination. They should then re-issue the s172 to you for you to name your wife - she will then get one to confirm herself to be the driver. She MAY then get an offer of a course if she is eligible, and if the process is still within their time limits for a course to be completed (usually no more than 4 months after the offence). There is no automatic entitlement to a course offer, and if this is heading for timeout territory they might go straight for an FPN, or even a court summons.

Be aware they may have a photo of the driver, so if this is not a genuine mistake you should think very carefully before setting this in motion. A convenient sudden change of driver nomination may result in the case being looked at more closely, and result in jail time if this is done to try and evade justice.
peterguk
As stated, nominating the incorrect driver to avoid points is asking for jail time.

Tread VERY carefully.
Logician
AntonyMMM says it all.
Jlc
QUOTE (Logician @ Tue, 19 Jul 2016 - 12:11) *
AntonyMMM says it all.

Indeed. Whilst it might not be the case it reads as if you've worked out a way to 'avoid' the points. Of course, genuine 'mistakes' can happen but rocking the boat now won't be easy unless you are definite that she was driving as information has come to light subsequently. ('Could have easily been' is not enough)

It appears the 1st NIP did not arrive - the onus is on you to rebut the presumption it arrived. This would have to be done at court and is potentially risky in itself.
HughC
OK, thanks everyone. I genuinely can't be sure who was driving at the time, but I think it might just be safest to bend over and take this one. I did send a very nice letter along with the driver details saying I was sure it was a 40 there and could they check there hadn't been some sort of mistake, and to their credit I got a nice considered reply. It all rather smells of fundraising though, changing the speed limit on a piece of road like that. Must have made them a fortune already! But there you go.

Appreciate the replies, thanks again
nosferatu1001
The police force a) dont change the speed limits and b) dont keep any of the money from fines (Although they make some from speed awareness courses...)

It might be worth checking the council to see if the TRO was correctly written, to change it from 40 to 30, but its a bit of a long shot.
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