Help - Search - Members - Calendar
Full Version: M25 98mph NIP to Ltd. Company
FightBack Forums > Queries > Speeding and other Criminal Offences
pie
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. Limited company. I'm the only director its exempt from having a secretary because of the micro-entity rules

Did the first NIP arrive within 14 days? - I only have the reminder which was forwarded to me, it says the original was sent on a date that means it would have arrived at the address within 14 days but I didn't have that one forwarded to me.

Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes I am the regular user but also other people use the vehicle

Were you driving? - Unsure

Do you know who was driving? - Unsure who was driving

98mph M25 tells me near which milepost. no photo.
The company can be fined up to 1000 but points for me as the regular user as well? mellow.gif Best course of action? Thanks
peterguk
Why are you unsure who was driving?
NewJudge
QUOTE (pie @ Thu, 24 May 2018 - 19:46) *
Did the first NIP arrive within 14 days? - I only have the reminder which was forwarded to me, it says the original was sent on a date that means it would have arrived at the address within 14 days but I didn't have that one forwarded to me.

Forwarded to you (or not) by whom?
QUOTE (pie @ Thu, 24 May 2018 - 19:46) *
The company can be fined up to 1000 but points for me as the regular user as well? mellow.gif Best course of action? Thanks

The company can be fined if it fails to provide the driver's details. Although there are provisions (where the Registered Keeper is a company) to prosecute individuals for the same offence it is unusual.

If you (as "The Company") fail to name the driver a prosecution will follow. Is there any reason why you cannot establish who was driving?
pie
The reminder was forwarded to me by a family member who is at the address my company is registered. At the moment I'm living a fair distance away. All letters have the address crossed out, and an address I can get them written on them and put in the letter box to make their way to me. Not sure who was driving because unsure about which journey this actually was. Is 98 in a 70 particularly serious anyway?
Jlc
That excess can only be dealt with at court - 6 points is odds on. (Or a short ban)
peterguk
QUOTE (pie @ Thu, 24 May 2018 - 20:05) *
Not sure who was driving because unsure about which journey this actually was.


NIP should show location (what does NIP say location was?), date and time. That should be enough to assist.

Are you the normal keeper of the car? Or another family member?
pie
I am the normal keeper but I am not using it to commute, its being used by me and 2 others. The location is a mile indicator on the M25 nearby to where the car spends most of its time. I have been searching around reasonable dilligence... There is no log kept and the business involves collecting and moving things. Would I just plead guilty as director to having not kept a log as I should have? What sort of fine size do convictions like that tend to end up with?
Logician
It is difficult to say what a fine on the company might be because it is not an offence that occurs often and there is no guidance as such. The court will be aware that no one is getting points for the offence, which might sway them towards a higher fine. you could also be prosecuted as an individual, as mentioned above, but that is very unusual.
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 © 2001-2019 Invision Power Services, Inc.