Help - Search - Members - Calendar
Full Version: best action, please advise
FightBack Forums > Queries > Speeding and other Criminal Offences
xlynchmobx
I have just recieved a speeding fine for a fixed camera where the speed limit has just been reduced from 40 to 30mph. i have an NIP for 37mph fro lancashire constabulary. I have 3 issues.

1. I have no idea If I was actually driving at the time.
2. the NIP is addressed to my company not me ( i dont work there anymore). it says the secretaruy must fill it out. the company has forwarded it to me. should i just send it back? in which case they will name me as the driver and then i will get my own nip.
3. the stamp date is the 21st dec, but the offence date is the 5th dec. has it the surpassed the 14 day rule, or will they have send it to the lease company first and therefore met the 14 day rule?


any advice is very gratefully recieved, thankyou in advance,


ict_guy
Since the NIP is not addressed to you, you should not do anything. I be inclined to ignore it completely, especially as you no longer work there - if they are hit with a big fine it will be no skin off your nose, so to speak!

The NIP should arrive at the registered keeper within 14 days. Since the car is a lease/company vehicle, the 14 day rule doesn't apply. There is still a time limit of 6 months from the date of offence to lay the information before a court, however. So, it would be advantageous to delay the process as much as possible (but, still staying within the 28 days to name the driver once YOU have a NIP in YOUR name). But, as I have said already, you need do nothing, since the NIP is not addressed to you. The 'company' should have followed the instructions on it and named you in the first place!!!!
Logician
They will have sent it first to whoever is the registered keeper on the DVLA record, if there is a leasing company involved they will very likely be the RK.
It is entirely your ex-employers' responsibility to complete the form sent to them, you cannot do it on their behalf, particularly if you no longer work there. Your responsibilities only start when you get a form addressed to you. You need to think very carefully before saying you cannot remember who was driving, that will undoubtedly result in a summons to court for a s172 offence which carries far higher penalties than a simple speeding, 6 points and a heavy fine. Courts are extremely reluctant to accept a defence of being unable to remember who was driving. Look in your diary, consider who else might have been driving and talk to them, consider whether it is on a route you use, see if you have any fuel receipts etc.

For 37 in a 30 limit the driver may possibly be offered a speed awareness course as an alternative to any other action, you have to pay for the course but get no points. However, the longer it goes on, the less liklihood of an offer of an SAC.
jobo
why would your former employer think it was you ?

was it your company car,, are you disputing that you were the employee driver or just that you other half might have been driveing ?
desktop_demon
If the s.172 request was not addressed to the OP personally then the OP should do nothing. Put the letter to one side and ignore it. That will not go down too well with the company but then they should have attended to their legal responsibilities rather than off load them on others. If the Police request information form the company then the company is legally obliged to give it. The OP cannot do that for it Simples....

If the OP still likes the company then he may return the unfilled form to them. If the OP really likes the company then maybe this explanation can be printed out and sent with the form to the company. more often than not the police will issue a reminder to the company to provide the information.

good luck!
Gan
You have two choices depending on how you feel about your former company.

If your desire to keep on good terms outweighs your wish to avoid points and fines for you or your wife - send the form back giving them just enough time and tell them it's their responsibility to complete it. Tell them to name you as the Keeper of the car at the time NOT the Driver. Don't write anything on the form yourself.

If it doesn't, don't do anything at all. The form clearly instructs them NOT to pass it to you.

Pity that Lease companies return their S172s so quickly. A chain that goes Lease Company - Employer - Op - Op's wife - COFP doesn't need many delays to achieve the magic time-out.
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 © 2001-2024 Invision Power Services, Inc.