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Full Version: [NIP Wizard] Alleged Speeding Offence - Cannot remember the driver.
FightBack Forums > Queries > Speeding and other Criminal Offences
Trouty
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2008
Date of the NIP: - 5 days after the offence
Date you received the NIP: - 7 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Whickham Highway
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? -
How many current points do you have? - 6
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 - I cannot remember who was driving the vehicle at the time of the alleged offence. It was either myself or my wife but as we often 'share' the driving it is impossible to say who actually was driving at the specific time.
The photograph provided by the Police does not help and does not even show if two or one person was in the car.
Also on that road (I have revisited the scene) there is no permanent speed cameras and one electronic speed warning sign which is badly damaged and does not work. (I have photos of this.)


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)? - 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

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:

Generated by the PePiPoo NIP Wizard v3.3.2: Sat, 11 Oct 2008 13:36:00 +0100
MartinHP71
The issue of warning signs or not does not negate the offence of speeding.

You will have to show reasonable deligence that you tried to identify the driver at the time, look at phone records (was someone on their mobile at the time) look at receipts (was someone elsewhere shopping at the time) look at credit card receipts to see who might have paid for petrol or for something else at a petrol station at or near the time of the offence. You will have to show that despite receiving the NIP within 7 days you couldn't remember and couldn't ascertain who was driving.

Good luck
Zed Victor One
As MartinHP71 has said before you go down the route of the convenient 'I can't remember who was driving' unless you suffer from Alzheimers desease or some other form of short term memory loss you'll need to dot all the i's and cross the t's concerning due diligence.
Which day of the week was it and at what time, i.e. was it a day and time that one of you would have been at work or elsewhere? Did you make a specific trip that day which was pre planned and likely to influence which one of you drove etc.
Basically you need to not only exhaust every avenue but be able to show that you have exhausted every avenue, primarily because I doubt there is a magistrates court in the land that won't have heard it before.
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