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m1brz

Received NIP that I was driving at 62mph in 60mph limit with a vehicle limit of 50mph.

Charge of: ‘exceed speed limit (class of vehicle – manned camera)’.

Circumstances: Lost office type job non driving, signed on with agency for work. I have done different type of work for them while looking for a permanent job. They asked me to drive with a courier/postal Co. said yes worked for only a couple of days.

Appears the offence was committed on my second day. I was unaware that these vehicles were speed restricted and was not told by the Co I worked for, no signs of same in vehicles, even though they knew I was green and haven’t done this type of work before.

Any advice or comments please.

andy_foster
Please visit the READ ME FIRST section (Click Here), answer all the questions in the NIP Wizard, and the Wizard will then post its output back here to enable us to help you.
m1brz
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - January 2008
Date of the NIP: - 10 days after the offence
Date you received the NIP: - 11 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A30 Marazanvose, Cornwall
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
If your are not the Registered Keeper, what is your relationship to the vehicle? - Driver for that day
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 - Received NIP that I was driving at 62mph in 60mph limit with a vehicle limit of 50mph.

Charge of: ‘exceed speed limit (class of vehicle – manned camera)’.

Circumstances: Lost office type job non driving, signed on with agency for work. I have done different type of work for them while looking for a permanent job. They asked me to drive with a courier/postal Co. said yes worked for only a couple of days.

Appears the offence was committed on my second day. I was unaware that these vehicles were speed restricted and was not told by the Co I worked for, no signs of same in vehicles, even though they knew I was green and haven’t done this type of work before.


NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
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? - Yes
Although you are not the Registered Keeper, were you the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - No
As you were not responsible for the vehicle, somebody else has named you as the driver. Were you driving? - Yes
Which country did the alleged offence take place in? - England

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • The law requires you to provide the information requested in the Section 172 notice within the 28 day period, naming yourself as the driver. If you are considering obtaining formal legal advice, do so before returning the notice.

    You should note that there is nothing to be gained by responding any earlier than you have to at any stage of the process. You are likely to receive a Conditional Offer of a Fixed Penalty (COFP) and further reminder(s). If you want to continue the fight, you should ignore all correspondence from the police until you receive a summons. You need to understand from the outset that while you will receive much help and support from members on the forums, you will need to put time and effort into fighting your case and ultimately be prepared to stand up in court to defend yourself.

Generated by the PePiPoo NIP Wizard v3.3.2: Sat, 19 Jan 2008 07:58:48 +0000
Lynnzer
How come you got this NIP?
If the vehicle wasn't yours it should have gone to the RK who should have informed the SCP who was driving. This doesn't happen that quick. I think it may be that you have been given the NIP by the employment agency or the RK whoever it is, after it was sent to them.
If that's the case then it hasn't been served on you and you are not obliged to do anything with it.
It's up to the RK to complete the NIP. If they do this then name you you'll get your own to fill in.
If they think that passing it over to you has fulfilled their obligation they are wrong.
You can keep silent and do bugger all which means that the RK whoever it is will get a COFP for failing to return the NIP, or you could tell the company and ask them to complete the NIP instead of you which means you'll get your own in due course.

If you have no particular relationship with the agency then I think I'd let them sweat on this one.
You will not be breaking the law. You have recieved no official communication from the scammers. (unless the NIP was addressed to you personally)
I've re-read your wizard replies and you say the NIP was addressed to you. If that's the case you'll have to complete it. I still can't see how in hell they managed to get a NIP out to the RK, get it completed and returned and send out a new one to you in the space of 10 days. It's not impossible of course but things don't happen that quickly in real life. Given that there's at least one weekend, and maybe two, in the total time I would say, impossible springs to mind rather than improbable.
cjm99
I realize this requires a large 'leap of faith' on your part.

But if you would like me to look over your NIP/S172 (unwashed), then PM a scan of it to me.
m1brz
It appears the RK supplied the details to the SCP and they sent the NIP directly to me.
koolie
They may point out 'do you not know the highway code?'

however, you may be able to get off, because of the negligence of the company.

This would be very hard to proove as it seems like theres a company that you are up against (the company you have only just joined)

and at any time, they could make out that they DID inform you...


But that does seem to succkk, and i wish you the best of luck if you do decide to fight it!

Koolie.
nimh999
QUOTE (koolie @ Sat, 19 Jan 2008 - 22:40) *
'do you not know the highway code?'
To pass your test you should have known that the van you were driving was restricted to a lower speed limit (assuming this was a national speed limit), and you were not driving a car derived van. Unfortunately this is a very common mistake and one which I have also made.


QUOTE (koolie @ Sat, 19 Jan 2008 - 22:40) *
however, you may be able to get off, because of the negligence of the company.

This would be very hard to proove as it seems like theres a company that you are up against (the company you have only just joined)

and at any time, they could make out that they DID inform you...
I would suggest that it would be naive to suggest that the company can be blamed for m1brz not knowing the speed limit of the vehicle. Maybe you should have suggested that m1brz try and blame the driving instructor who taught him/her.

Better to do what cjm99 has suggested.
m1brz
Would it be worth sending a letter with the NIP explaining the circumstances, take pity on me and decide not to prosecute (lol) or in all likelihood still prosecute and use the letter as an admission of guilt
nimh999
QUOTE (cjm99 @ Sat, 19 Jan 2008 - 13:03) *
if you would like me to look over your NIP/S172 (unwashed), then PM a scan of it to me.
I think that cjm99 is telling you something.

As for the grovelling. No chance.
The Rookie
If the van was speed restricted it couldn't break the limit, commercials however have a lower applied speed limit, what type of van was it (make and model) as the scammers do sometimes try and wpply the worng limit!

Simon
m1brz
It was a Mercedes Sprinter 311 CDI LWB not restricted
The Rookie
Nope, but required as a light commercial to obey the lower limits, I suggest you help CJM99 to help you as he suggests....

Simon
m1brz
Does the NIP have to show your full name and second question does the address have to be accurate as it does have a spelling mistake.
The Rookie
No, and no, the details on it have been provided by an earlier recipient in the chain, its got to you and you opened it accepting it was for you, pease scan and send to CJM99 unless you intend to accept the penalty without a fight!

Simon
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