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FightBack Forums > Queries > Speeding and other Criminal Offences
CookieMonster
On the 28th April I received my first ever NIP for "Excess Speed - 40 MPH (Fixed Camera)" for an alleged offence which happened just after midnight on the 19th March 2006. The reason for the delay relates to the vehicle being a company car.

After checking my diary, I found that it was on a day when my family had travelled to the Midlands from the South West and three different drivers had been involved. I spoke to my wife and son and concluded that at that point it was either my son or me driving but neither of us was sure!!

I explained this in a letter to the Police and asked for a copy of the photo to be able to give the information that they requested. The photo duly arrived and although the number plate was perfectly clear it appeared as though a ghost was driving the car.

I wrote to them again to ask for a clearer photo to help us decide and was told that it was the best that they had.

Nonetheless, they started to turn the screws and stated that I had just 7 days (from date of letter - 18th May) to respond before they submitted the papers to the CJU.

I'm happy to pay the fine and like most fathers am inclined to say that I was driving to save my son, but what about the principle. We have tried everything possible to decide who was driving at the time but just cannot be certain. The photo could be my son or me.

I'd really appreciate some advice on this before I just give in and take the points and fine myself.

Thank you for reading this.
Heyloft
Please visit the READ ME FIRST section (Click Here), answer all the questions in the NIP Wizard, and then post the Wizard's output back here to enable us to help you.
CookieMonster
Sorry about that. Here's the result of the Wizard:


NIP Details and Circumstances
What is the name of the Constabulary? - Bedfordshire Police
Date of the offence: - March 2006
Date of the NIP: - 37 days after the offence
Date you received the NIP: - 39 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A5, Chalk Hill, North towards Hockliffe
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
If your are not the Registered Keeper, what is your relationship to the vehicle? - Company car driver
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 - I have no knowledge of the event other than the fact that we were in the car around that time of night and passed along that road. We were sharing the driving on a long journey home.

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
Although you are not the Registered Keeper, were you the keeper of the vehicle concerned (the person normally responsible for it)? - Yes
Is the NIP addressed to you personally? - Yes
Do you know who was driving? - Unsure
Were you driving? - Unsure

NIP Wizard Suggestion
Based on these responses the Wizard suggested that these courses of action should be considered:
  • If you can show that after reasonable diligence you have been unable to determine the identity of the driver, you will not be guilty of S172 failure to provide.


Generated by the PePiPoo NIP Wizard: Sat, 20 May 2006 21:09:14 +0100
firefly
Hi CM,

If you don't know who was driving then you shouldn't nominate yourself, though I understand your willingness to do so.

I'm assuming you've read my post? If so, and you feel you can't - hand on heart - nominate the driver then you should dig your heels in. The police count on people in your position just caving in. They'll bully and scare you into believing you've not got a leg to stand on. Believe me, you have.

Have a look in the Success Stories thread for a whole raft of people who've been successful with this very defence.

Plus, have a read at welshy's fabulous account of how to conduct your defence in court. wink.gif
CocoPops
I have an ongoing case with this same camera.

It too has a bad photo of who was driving my car.

I suggest you take out a membership and read my case in BadBoys&Girlz

Feel free to PM me.
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