Help - Search - Members - Calendar
Full Version: Can PACE WS in my case?
FightBack Forums > Queries > Speeding and other Criminal Offences
I was caught 14/06/2007 doing 84mph in a 50 (M2 motorway in Kent reduced to 50 due to roadworks).

The NIP (dated 18/06/07) is addressed to my firm as it was a company car I was using. They (very kindly) forwarded it to me to fill in etc.

The questions I have relates to my ability to use the PACE WS. Firstly, as it was a camera van sitting over the motorway, would the police just use the photographic evedence to prosecute me anyway?

Secondly, as the NIP was not addressed to me personally (I have been through the NIP Wizard and this does not seem to be covered), do I simply send it back to the Admin girl to fill in my details or do I just sit on it until a couple of days before the 28-day deadline and fill it in myself???

Hope you can help.

Looking forward to the verdict on Friday!


The NIp wizard does cover it. You should not deal with a NIP not addresses to you (or you company if your the nominated person) You work need to complete it and send back naming the person they belive to be the driver.

That person will then get their own NIP can can come back and do the wizard.

There may or may not be video but how good do you think it will be ?

I suspect as it was on a fairly steep bend and I hit the anchors as soon as I noticed it, there is a fair chance that their view will be some distance away when they recorded the 84mph. I am not sure they would also have taken another shot from a shorter distance but who knows how they operate.

You will have to excuse my ignorance here as this is my first encounter with the law in 19 years of driving and would do anything to help my situation. I know a ban is on the cards so am desperate to see what I can do.
fridays echr descission might discide what you do next but if that fails i think if I were in your shoes i would do absolutly nothing. after a reminder it apears that most forces do nothing for about 5 months then they will summons your company to court for not suplying the driver details. at this point 2 things may happen

1. you get your own nip and will should be able to stretch it past the 6 month deadline

2. your company might be very p***ed off with you and sack you

at the end of the day it is them that should have dealt with it in the propper way (by sending it back naming you) - you have to ballance the effect on you of getting banned against the reaction your company might have towards you!
My firm have been great so far; company director is willing to write a letter of mitigation (if that's what it's called) stating with me off the road this will have an adverse affect on the sales force with the very high possibility of job losses. I must add at this point I am in a pretty unique position in a global company where just me and one other person can do my job.

That having been said, what would happen if (as I expect they are expecting me to do) I send the NIP back naming me as the driver and it gets lost in the post (this has happened to me at least 3 times in the last month - general post NOT JUST NIP's)?

What would happen in that situation?

Will the verdict on Friday affect me? I am concerned that the camera may have a clear enough shot to ID me as the driver. Has this prevented anyone else being successful with the PACE WS?
liverpool lass
there is always the option of your employer ignoring it delibrately, worst case scenario is your company is landed with a large fine ( which perhaps you could come to an arrangement about with them) . nobody gets any points or ban as this would be a failure to furnish by your company and a "company" doesn't hold a licence
Hotel Oscar 87

It cannot be emphasised enough that regardless of what might happen AFTER the NIP is returned that it is your company that should return the NIP naming you. This is not the time or place for letters of mitigation - this is something for very much further down the road. Kent will then issue you with your own NIP.

Importantly, this process will take you beyond the the ECHR decision which is due on Friday and gives you plenty of time to consider your next steps. The next steps might well include you writing to Kent, after you have your own NIP, and requesting sight of any photograph that they have "to assist you in identifying the driver" (do not ask for evidence as in a summary matter - at the speed quoted you will almost certainly be summonsed to Court - you are not entitled to it until you enter a plea of "not guilty"). This would of course give you an indication of what photographic evidence they may have and could well assist in your overall decision-making.
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 © 2001-2020 Invision Power Services, Inc.