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FightBack Forums > Queries > Speeding and other Criminal Offences
roytheboy
Here is the extract from the 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)? - Yes
Did the first NIP arrive within 14 days? - Yes
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
Were you driving? - Unsure
Do you know who was driving? - Unsure who was driving

Facts are that my car was caught speeding on a Saturday lunchtimeishlocal to my home. Both myself and my wife were using the car most of the day including 4 or 5 journeys along the road where the alleged offence occured. I do not recall whether I was driving or my wife was driving. Neither of us saw a camera flash.

I dont see why we should roll over and pay up. It seems to me that we have two possible defences:

(a) I (as the registered keeper) cant say with certainty who was driving the car. On this basis I could request the photograph (if it shows anything,,,). Or
(b) I can provide a PACE response to the NIP.

Your thoughts/views most appreciated!
Quattro
QUOTE (roytheboy @ Tue, 17 Apr 2007 - 07:36) *
(a) I (as the registered keeper) cant say with certainty who was driving the car. On this basis I could request the photograph (if it shows anything,,,). Or
(b) I can provide a PACE response to the NIP.

Your thoughts/views most appreciated!


Write to them and ask for photographs to identify the driver as you do not know who was driving at the time.

You can't really use the PACE statement unless you know who was driving.

They will bully and threaten you if you do not know who was driving and can be fined and given points for failure to furnish.
roytheboy
Okay, will try that. Thanks .
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