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I had an NIP sent me via recorded delivery for speeding 91 mph in a 50, i sent this off with a letter explaining i was not the driver. but now have a summons sent through, here is what happened, i had my motorcycle up for sale and had some guy come round to buy my bike, he took bike for test drive and said he would let me know, never heard anything and thought nothing of it until i had a NIP sent me 2 weeks later, it turns out he was caught speeding by a traffic cop but not stopped as it reads in my statement and now they have sent me a summons to court for failing to give information regarding the identification of the driver!

all i have is his first name, no address and no number

now i dont know what to do, please can anyone help?
What EXACTLY did you write on the form/letter you returned
here is what i wrote

To whom it may concern,

i recently received a letter from yourselves stating my motorcycle was seen on the 21st september 2010 speeding on the Gorleston bypass in Norfolk (91 in a 50)

i am writing to you to explain i was not the driver, i recently had the motorcycle up for sale online and on the day in question 21st sept 2010 i had a man come round to our house to hopefully buy the bike, he then took the bike for a test ride around the time of the offence, he then said he would get backto me and i have had no contact since

i am very angry that he used my bike to speed and not even tell me, i have checked my phone but he rang from a private number i think, all i know is he name was simon and he said he was from Essex, thats all i know about this person

If you need any more information i can be contacted on ***** ******

Kind Regards

**** ********

on the NIP i just put his first name and place he came from and signed it
Did the OP check that Simon had valid insurance/licence to ride the bike?

The OP may be able to get a court order to get a list of callers from the phone company. Counter terror legislation means all phone companies must keep ALL call details for some time. if the OP could get the number then that would help identify the mystery rider.
no checks were made, the person driving my bike was not even pulled over it says on the speed offence report( offender told of speed cautioned and replied)... NOT STOPPED
you have problems here
1) you need to convince the court that your bike was up for sale, can you get a copy of the add, invoice for payment etc, has the bike been sold now
2) you need to convince them you let a guy drive off on it with out checking anything( not that uncommon i know, done it myself)
3) and that you cant find out who it was

you have at least met the minimum requirement of giving them all the info you do have
yes i can get a copy of the advert, but as for finding out who he was, its near impossible, what would be the penalty if the find me guilty? which seems crazy
QUOTE (FZR46 @ Wed, 1 Dec 2010 - 08:52) *
yes i can get a copy of the advert, but as for finding out who he was, its near impossible, what would be the penalty if the find me guilty? which seems crazy

S.172 and allowing to drive uninsured both carry 6 points plus few hundred pounds fine.
If the OP's at the stage of having a summons over S172, isn't it more than a little unlikely the police would start asking for the other driver's insurance now?

If they are going to do it, it's normally after getting the S172 reply and deciding it's an easier route to get someone they suspect of naming a bogus driver than prosecuting over S172. Petards and all that.

For an original offence of 91 mph in a 50 mph limit, I think the OP will be need to incredibly convincing.

sorry for my ignorance but what's an OP
QUOTE (FZR46 @ Wed, 1 Dec 2010 - 10:15) *
sorry for my ignorance but what's an OP

OP = original poster, i.e. you.
QUOTE (FZR46 @ Wed, 1 Dec 2010 - 10:15) *
sorry for my ignorance but what's an OP

In this instance you.

OP=Original Poster.
i have an appointment with solicitor friday thanks for your help and info
thought i would update, went to court with a good case, had evidence i was selling bike etc but the prosecuter didnt know much about the case , he was a total idiot and didnt have a clue, which the magistrate thought was unnacceptable and said case closed ! so very happy! cheers for your help btw.
Well done! smile.gif
Transit man
If I were a gambling man I would have just lost!! Well done, a difficult one to win, just shows the truth can (sometimes) prevail.
The Rookie
Well done, disorganised prosecuters are very common, the worst people in many proffesions end up being paid by taxpayers who are lest critical of incompittance!

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