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FightBack Forums > Queries > Speeding and other Criminal Offences
Locko
Hi,

Sorry if this is duplicated but I'm swamped by all the good stuff in this forum.

I have just received an NIP 81 days after the alleged office. I am not the registered keeper so it has clearly taken some time to track me down. I was one of many drivers at a sports event and although I was allocated the 'speeding' vehicle I had no control over who might have borrowed it whilst I was watching the tournament. The offence was speeding at 68mph in a 50mph zone in roadworks on a motorway. After 81 days I honestly have no recollection of being there at that time.

I am an executive chauffeur and would not have risked losing my licence ( although that is a tenuous defence in a court of law ). Seriously I don't think it was me and someone else could have used the vehicle for an 'errand'.

How should I proceed with the NIP?
Does the 14 day rule apply ( probably not ).
Is it reasonable for the Police to take 81 days to reach me then expect me to remember if I was driving a pool car?

I am determined to put up a fight since I regard myself as a goos driver ( don't we all?)



but not a goos speller......
crystal
Hi,

Can you please complete the NIP wizard including the forum under one of the questions and post the results back here. It helps us offer specific advice and the law in scotland, england& wales and NI are a bit different.

As you are not the Registerd keeper they can take as long as they like to send you the NIP. You can ask for photos to help identify the driver (do not ask for evidience) you should do this i you do not know. This letter should be sent soon via signed for delivery.

Chase a repsonse, if after 27 day you have no picture write again explaining you need the photo. If the photo does not help, and having cheked everyting else you do not beilve it was you write back saying that.
If you identify the driver from the photo then name them

They have 6 months from the date of the offence to put the information for a summons before the court.

If you were driving do not lie about it is not worth going to prison for. Do the wizard for advice on fighting the ticket.

Regards
Crystal
Locko
You will be unable to complete the Section 172 statement, so write back with a letter referencing the NIP and explaining that you are unable to provide the name of the driver.

The text above is the recommendation from running the NIP wizard.

Since I have no recollection of being at the specified location at the time and date of the alleged offence and since I always drive in a manner to keep my driving licence, I cannot accept that I was driving the vehicle. It is possible that another pool driver 'borrowed' my vehicle whilst I was on an extended lunch break. However the records (daily time/log sheets) maintained by the registered keeper would probably indicate that I was in charge of the car. It is not inconceivable that another driver borrowed my car especially if my car was blocking access to their assigned car. Remember this was a sports event and I was just one of several casual drivers so I had no special responsibilities for my vehicle.

I fear the registered owner's records ( if in fact they retained them ) might suggest to a court that I was the driver. It would simply be my word against theirs. I guess that is not a strong line of defence. The nature of the offence is that I was allegedly driving at 68mph in a 50mph zone through motorway roadworks. 68mph is 2mph below the legal speed limit that a careful driver would be travelling at if he throught he were in a normal 70mph zone. It seems odd that someone would be travelling at 68mph in a 50mph zone. Strange!

Not sure where to go. I definitely do not recall speeding nor being on the Motorway at the time and date specified. I'm not prepared to lie down and accept the fines/points but I feel I don't have a strong defence either.

/Ian
crystal
Hi,
You need to ask for the photos as it may rule you in our out (it may also be inconclusive).

I asuume although the car was assigned to you the company requires you to leave the keys in the car/at some central point otherwise no one else could have used if if you had the key ?

Also rember they do have to prove you gulity - Does the time not help - if it was on the motorway it was not just a pop to the shop ?

send the letter for the photo NOW

Regards
Crystal
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