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Holyc
Good afternoon!

My mother just received a NIP as she is the registered keeper on my car. But i was driving

I was caught at 8:02 AM on the A62 doing 51mph in a 30 zone.

Should my mother fill my details in and send them off?

Also what do I do if i want the photographic evidence?

I was speeding cannot deny that but to me avoiding someone brake checking me all the way down the road was enough at this point.

Only issue I have is if i get 6 points I lose my job. It's part time anyway but still it pays my bills at the moment. So definately cannot afford a solicitor either.
What's my next step?
What is the name of the Constabulary? - West Yorkshire
Date of the offence: - 11th August 2019
Date of the NIP: - 12th August 2019
Date you received the NIP: - 2 Days after
Location of offence (exact location as it appears on the NIP: important): - A62
Was the NIP addressed to you? - No
Was the NIP sent by first class post, second class or recorded delivery? - 1st class
If your are not the Registered Keeper, what is your relationship to the vehicle? - Named 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.

A women was brake checking me around 2 miles prior to this, I was getting obviously very annoyed after 2 miles of this. Overtook at the safest place I found just so happened to be a van there that I did not see, I was hoping the car didnt try block the other side of the road to stop me.


NIP Wizard
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
Is the NIP addressed to you personally? - No
Jlc
QUOTE (Holyc @ Tue, 13 Aug 2019 - 12:52) *
Should my mother fill my details in and send them off?

Yes. If she doesn't then she'll be taken to court. You'll get your own NIP/s172 to return.

QUOTE (Holyc @ Tue, 13 Aug 2019 - 12:52) *
Also what do I do if i want the photographic evidence?

At this point only the driver identity is being requested - you are not entitled to 'evidence'. However, your mother could request a photo to assist in the identification to the driver - they usually supply. But the 28 days to name the driver doesn't stop.

Evidence only comes into play at court - but it would only seem to confirm the speed?

QUOTE (Holyc @ Tue, 13 Aug 2019 - 12:52) *
I was speeding cannot deny that but to me avoiding someone brake checking me all the way down the road was enough at this point.

A women was brake checking me around 2 miles prior to this, I was getting obviously very annoyed after 2 miles of this. Overtook at the safest place I found just so happened to be a van there that I did not see, I was hoping the car didnt try block the other side of the road to stop me.

This doesn't give you a defence even if the other driver was committing an offence themselves.

QUOTE (Holyc @ Tue, 13 Aug 2019 - 12:52) *
Only issue I have is if i get 6 points I lose my job. It's part time anyway but still it pays my bills at the moment. So definately cannot afford a solicitor either.

That excess is likely only be dealt with at court. Guideline is 6 points.
NewJudge
Yes, your mother should fill in the notice, providing your details as the driver. You will then receive your own S172 request to confirm that you were driving.

You are not entitled to any evidence at this stage. Your mother could ask for "photographs to help identify the driver" before she sends in her response. It does not stop the clock for the time she has to respond and if she fails to reply in time she faces a separate offence which carries six points. Why particularly do you want to see photographic evidence?

That speed will almost certainly be dealt with in court initially before a Single Justice (where you cannot attend). The likely sentence is six points although a short ban is a possibility. Strictly speaking you have no right to plead hardship for a single offence but if you want to make representations in an effort to sway te court towards your preference you will have to ask for a hearing in the normal court. They have six months to begin court action and most areas take all of that.

As an aside, why is your car registered in your name and presumably insured by her with you as a named driver? Beware you are not "fronting" for insurance purposes.
Holyc
QUOTE (Jlc @ Tue, 13 Aug 2019 - 13:13) *
QUOTE (Holyc @ Tue, 13 Aug 2019 - 12:52) *
Should my mother fill my details in and send them off?

Yes. If she doesn't then she'll be taken to court. You'll get your own NIP/s172 to return.

QUOTE (Holyc @ Tue, 13 Aug 2019 - 12:52) *
Also what do I do if i want the photographic evidence?

At this point only the driver identity is being requested - you are not entitled to 'evidence'. However, your mother could request a photo to assist in the identification to the driver - they usually supply. But the 28 days to name the driver doesn't stop.

Evidence only comes into play at court - but it would only seem to confirm the speed?

QUOTE (Holyc @ Tue, 13 Aug 2019 - 12:52) *
I was speeding cannot deny that but to me avoiding someone brake checking me all the way down the road was enough at this point.

A women was brake checking me around 2 miles prior to this, I was getting obviously very annoyed after 2 miles of this. Overtook at the safest place I found just so happened to be a van there that I did not see, I was hoping the car didnt try block the other side of the road to stop me.

This doesn't give you a defence even if the other driver was committing an offence themselves.

QUOTE (Holyc @ Tue, 13 Aug 2019 - 12:52) *
Only issue I have is if i get 6 points I lose my job. It's part time anyway but still it pays my bills at the moment. So definately cannot afford a solicitor either.

That excess is likely only be dealt with at court. Guideline is 6 points.



[quote name='Holyc' date='Tue, 13 Aug 2019 - 13:47' post='1507449']
[quote name='NewJudge' post='1507440' date='Tue, 13 Aug 2019 - 13:19']Yes, your mother should fill in the notice, providing your details as the driver. You will then receive your own S172 request to confirm that you were driving.

You are not entitled to any evidence at this stage. Your mother could ask for "photographs to help identify the driver" before she sends in her response. It does not stop the clock for the time she has to respond and if she fails to reply in time she faces a separate offence which carries six points. Why particularly do you want to see photographic evidence?

That speed will almost certainly be dealt with in court initially before a Single Justice (where you cannot attend). The likely sentence is six points although a short ban is a possibility. Strictly speaking you have no right to plead hardship for a single offence but if you want to make representations in an effort to sway te court towards your preference you will have to ask for a hearing in the normal court. They have six months to begin court action and most areas take all of that.

As an aside, why is your car registered in your name and presumably insured by her with you as a named driver? Beware you are not "fronting" for insurance purposes.


Registered in her name, I own it. Shes not named on my policies, just the registered keeper. I travel it's easier in her name.

Ok So in terms of court process, The single justice will in turn let me say wether i want to attend court which i do. I need 3 points to keep my job.
I just want the photographic evidence IE i assume it was when i overtook.

Thank you for the information!
The Rookie
Whether you need three points to keep your job or not won’t enter into it, the court will sentence you appropriately for the offences after all if the intent is to prevent a certain level of ‘bad driver’ doing your job it would subvert that intent.
5 is a very slight possibility, 3 is not going to happen.
NewJudge
QUOTE (Holyc @ Tue, 13 Aug 2019 - 13:47) *
Registered in her name, I own it. Shes not named on my policies, just the registered keeper. I travel it's easier in her name.

Good. It's just that you said you were a "named driver" and I assumed you were a named driver on your mother's policy.

QUOTE (Holyc @ Tue, 13 Aug 2019 - 13:47) *
Ok So in terms of court process, The single justice will in turn let me say wether i want to attend court which i do. I need 3 points to keep my job.

You will receive a "Single Justice Procedure Notice" (SJPN). You will be asked how you want to plead (presumably guilty). You will then be asked if you are content to have the matter heard before the Single Justice (SJ) or if you want to attend court. If you agree to the matter being dealt with by the SJ the likely outcome is six points. If you ask for a court hearing there is no way the offence will be dealt with by way of only three points. You might be able to persuade them to impose five (though it's outside the guidelines) or you might be able to persuade them to impose a short ban (of perhaps 7 to 14 days). They are the only realistic alternatives and you should not expect anything else.

QUOTE (Holyc @ Tue, 13 Aug 2019 - 13:47) *
I just want the photographic evidence IE i assume it was when i overtook.

You should be provided with the evidence it is intended to rely on to convict you along with the SJPN.

Just another afterthought - when did you pass your driving test?
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