Help - Search - Members - Calendar
Full Version: 40 in a 30, on 6 points already
FightBack Forums > Queries > Speeding and other Criminal Offences
batfink
1. The name of the Constabulary: Metropolian Police
2. Date of the offence: 17-02-06
3. Date of the NIP: 19-04-06
4. Date you received the NIP: 21-04-06
5. Location of offence (exact location as it appears on the NIP: important): A306 Rocks Ln SW13 south of Mill Hill Rd SB(5591)
6. Was the NIP addressed to you?: yes
7. Was the NIP sent by first class post, second class or recorded delivery?: 1st Class
8. Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? If not then what is your relationship with the vehicle?: No, It was a hire car, whilst my car was in for repair.
9. How many current points do you have? : 6
10. Provide a description of events: Wasn't aware that I was caught speeding until Nip came through 2 months later.

Please can you advise me on the best course of action, currently have 6 points and obviously not keen to take anymore.

Don't suppose the 14 day rule will apply here? My car was in the bodyshop, insurance company arranged a hire car, figure it took them 2 months to get my details from the insurance co, then hire company.

Any help/advise would be greatly appreciated on any action I can take to avoid them

Fantastic site, wish I'd found it sooner ( 6 points ago).

Many Thanks Batfink
navigator
The "14 day rule" applies only to the first NIP served in relation to the alleged offence.

navigator
batfink
Would you recommend writing the PACE letter at this point? I haven't returned the Nip yet.
navigator
Hi batfink

If you're sure the NIP you've received is NOT the first one served in relation to the alleged offence then yes, the PACE statement presently appears to be the weapon of choice for most people, including myself.

navigator
jaykay
Ummm......nearly three months ago, I don't see how you can be so positive it is you driving. Would it not be best to request the photos to assist in identifying the driver - hopefully get an extension on the NIP, reply with PACE at the last possible moment (when you are certain it is you), get a COFP....ignore, probably get a reminder COFP - and you should be very near to six month timeout.
Am I right in thinking that the MET understand PACE in any case and rarely prosecute when such a reply is sent?
hex_da_rex
QUOTE (navigator @ Sun, 7 May 2006 - 23:52) *
Hi batfink

If you're sure the NIP you've received is NOT the first one served in relation to the alleged offence then yes, the PACE statement presently appears to be the weapon of choice for most people, including myself.

navigator


Hi, Don't understand what you mean by 'the NIP you've received is NOT the first one served in relation to the alleged offence'.
navigator
QUOTE (hex_da_rex @ Mon, 8 May 2006 - 07:43) *
QUOTE (navigator @ Sun, 7 May 2006 - 23:52) *

Hi batfink

If you're sure the NIP you've received is NOT the first one served in relation to the alleged offence then yes, the PACE statement presently appears to be the weapon of choice for most people, including myself.

navigator


Hi, Don't understand what you mean by 'the NIP you've received is NOT the first one served in relation to the alleged offence'.


The camera partnership sends the (first) NIP to the registered keeper, which in this case appears to be the hire car company. They will nominate a driver and return to the partnership. Service of this particular NIP has to meet the 14 day rule.

The person who the hire car company nominate as driver will then get his/her own (second) NIP. The 14 day rule does not apply to this NIP.

navigator
batfink
Navigator - I cannot be 100% sure, but can only expect that the Hire company received the first Nip, then rightly they passed on my details as the driver on the hire car at the time.

I had the hire car for 10 days after the speeding incident, so i don't know if I can contest that I wasn't driving at the time.
Trumpetman21
QUOTE (batfink @ Mon, 8 May 2006 - 13:52) *
Navigator - I cannot be 100% sure, but can only expect that the Hire company received the first Nip, then rightly they passed on my details as the driver on the hire car at the time.

I had the hire car for 10 days after the speeding incident, so i don't know if I can contest that I wasn't driving at the time.


Could you ask for photographic evidence to assist in the identification of the driver?
batfink
[font=Verdana]

I think i'll try that, thanks for the advice.

Fingers Crossed

Batfink
batfink
Had an idea.

Having checked back through the car hire agreement, there is no written record, nor can I recollect that have I signed any documentation that on it states the hire car's registration number. (Possibly when I returned the hire vehicle but I wasn't given a copy of the "returned vehicle document")

I know the hire company obviously will have this on their records but as I personally have no proof that this was the exact car given to me as stated on the NIP, Should I therefore request proof from of that specific vehicle being allocated to me?

What would your next move be? any advice here would be great.

Is it realistic that given that it's coming up for 3 months from the date of the alledged offence that this could be strung out to 6mths?
Trumpetman21
Asking for the photographic evidence should add a couple of weeks to your time, so they'll be no harm in doing that.

I don't think your idea RE: the hire car reg no has much mileage - the hire Co have ID'd you as the driver at the time when they filled in the first NIP so that's good enough for Plod methinks.
navigator
OK, because you appear unsure about whether they've matched the correct car with hirer I think you should go and ask the hire company for all documentation bearing the vehicle registration number, signed by you & naming you as the hirer. The outcome of this will help you decide on the next step. As I see it, without signed documentary evidence they may find it hard to back up their claim that you were the hirer of the vehicle in question.

If it turns out the hire company are able prove you were the hirer but then you aren't sure who the driver was at the time of the alleged offence you need to read this. One point I think I should mention, It isn't a good idea to try and blame someone else if you know you were the driver.


If you're sure you were the driver, I'd go with the PACE statement.

navigator
batfink
I'll write and ask for photographic evidence as well as asking for any written evidence that that was the hire car I was given.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2024 Invision Power Services, Inc.