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sproot1
Hello,

I got flashed by a red light camera in london on 4th august at 4.45am whilst driving a company car. It has taken until today(23rd september) for my company to ask whether I was driving. I have told them it was me, and it is also detailed in the log book.

I don't know whether my company is the registered keeper, or whether it is the leasing company they lease the car from.

What are the laws regarding the time taken to issue the NIP? And are there any special rules regarding company vehicles that are not driven by the same person all the time?

Sorry these details are a bit vague, and i will update the thread when i receive the NIP. But any information on where i stand in possibly avoiding any fine/licence endorsemant would be great. I'm not hopeful of this. but i also don't relish the prospect of a large fine/ban.

Thanks

sproot1
BaggieBoy
The first NIP has to be served to the registered keeper within 14 days. Do you know who the RK is? It may not be your company if the vehicle is leased. There are no time limits for subsequent NIPs, although any following prosecution must commence within 6 months of the original offence.
The Rookie
If its a leased car, then its almost certainly the leasing company are the RK.

Simon
sproot1
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - August 2008
Date of the NIP: - 64 days after the offence
Date you received the NIP: - 66 days after the offence
Location of offence (exact location as it appears on the NIP: important): - 04-AUG-08 at 04:44hours at Christchurch Rd/A23 Streatham Hill W/B SW2 (4002)
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? - The vehicle is a company pool vehicle. I have a feeling that my company leases the vehicle.
How many current points do you have? - 3
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 - Driving home from a night shift. The lights changed to amber as i approached. i thought i was going to make it, but didn't. I noticed the lights change to red as i was crossing the line. Another car went through the lights at the same time.

Should i try to find out when the original NIP was sent out? I know my company had received one, as i had to tell them i was driving the vehicle. However, i do not know if they got the first NIP, or what date it was sent out.

I can't dispute that i was driving. But i was hoping that maybe the original NIP had not been sent out in the required time (14 days?). Is there a special rule for commercially owned cars?

Will i get 3pts + £60 fine, or is it likely to be much worse? Will i get sent the pictures when i send back the NIP admitting i was the driver?


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, 11 Oct 2008 17:12:18 +0100
MartinHP71
You can write and ask for the pictures to help you identify the driver (do not use the word evidence) although you have admitted you are the driver so it will only be to have a something to remember the event.

The likely outcome as you say is 3 points and £60. Although the speed may be a factor in this, so were you going fast ?

You could ask your lease company if the NIP arrived within the 14 days but in answer to your question, there is no difference between a commercial vehicle and privately owned vehicle in the way the NIP is served.

Hope that helps
sproot1
not sure how fast i was going. i think it may have been around 40, in a 30. I hope that if i just accept the points and fine, they might not take it any further.

I don't actually think i have a case to defend. i just wondered if the 14 day rule applied to everyone.

thanks for the info. i'll send the form back and hope that the conditional offer is the lowest possible.

Does the time of day make any difference to how lenient they might be. It was 04:44am and very quiet, i don't even think there were many more than a handful of vehicles around the junction at the time.

Will the pictures they send show the other vehicle that went through the lights with me? or will they "doctor" the images to only show my vehicle?
BaggieBoy
QUOTE (sproot1 @ Sun, 12 Oct 2008 - 12:58) *
Does the time of day make any difference to how lenient they might be. It was 04:44am and very quiet, i don't even think there were many more than a handful of vehicles around the junction at the time.

The time of the offence and the traffic conditions will make no difference.

QUOTE (sproot1 @ Sun, 12 Oct 2008 - 12:58) *
Will the pictures they send show the other vehicle that went through the lights with me? or will they "doctor" the images to only show my vehicle?

They often "zoom" mobile stills to show a single vehicle, but most of the red light photographs I've seen appear to be untouched.
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