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tara961
mellow.gif

Hi

Im new on here so please bare with me.

I have recently moved address around 3 weeks ago due to a disagreement. An NIP was sent to my old address but because I no longer live there so I did not receive this until I was able to gain entry to the property to retrieve all my mail. I received the NIP on 31/03/2012 BUT to my alarm it was dated within the NIP that the offence had taken place 20/02/2012 and it was issued 28/02/2012. (which meant it had gone past the 28 days it stated I had to respond.)

I have never had a ticket come through or anything like that so was very panicked about where this had come from.

I began to back track to trace whether to my knowledge whether i was driving the vehicle at that time.

I have done some digging and it would seem that I was not actually driving the car at that time.

I know who was driving and have put there details down on the NIP and sent this back but , my fear is that because I informed this person about the ticket that they may 'disappear'!!

Im absolutely terrified to be honest as I have no idea what will happen if this takes place.

Should I seek legal help?

any advice would be appreciated.


jobo
no need to panic quite yet, did you put a note in saying your address had changed ? presumably;you have a duty to respond in 28 days or aSAP if not practicle to do so, which seems to cover you quite nicely allowing that it the 28 days would have started two buessness days after psting, so the 30th at the earlist;your only just over the 28 days so it SHOULD be OK,lets deal with the other person going missing, if and when it happens
Aretnap
While the law requires you to provide the information required within 28 days, it does say that you're not guilty of an offence if it was not reasonably practical to respond within this time, so long as you respond as soon as it is reasonably practical. So I suggest you fill in the form and send it in asap, attaching a brief covering letter explaining the reason for the delay and providing your new address.

What makes you think that the person who was driving is going to "disappear"? Is he a particularly disreputable type? If he doesn't co-operate with the police it's not strictly your problem, however if he does they may ask you to provide some evidence that (a) he exists and (b) that he was insured to drive the car. It would make your life a lot easier if you are able to do so.
tara961
Thank you for replying


I didnt think to attach a note as I was so much of panic to get the NIP bak to them as it was already late. Is it too late to do one now stating why I was late returning it and advising that I have moved and am in the process of changing my address details over?

I haven't been able to reach the person driving at the time on the number that I had for them which is making me really uneasy, so thats when I began to think about the whole disappering scenario. Im not sleeping very well because of it to be honest. Im trying not to panic about it but im finding it really difficult.

How would I be able to prove someone elses insurance cover? or whether they exist? (other than them handing this over to me willingly and my say so to there existance?)


If it does become worst case scenario , any ideas as to what may be the next course of action?

any advice would be appreciated
AFCNEAL
QUOTE (tara961 @ Wed, 4 Apr 2012 - 19:56) *
Thank you for replying


I didnt think to attach a note as I was so much of panic to get the NIP bak to them as it was already late. Is it too late to do one now stating why I was late returning it and advising that I have moved and am in the process of changing my address details over?

I haven't been able to reach the person driving at the time on the number that I had for them which is making me really uneasy, so thats when I began to think about the whole disappering scenario. Im not sleeping very well because of it to be honest. Im trying not to panic about it but im finding it really difficult.

How would I be able to prove someone elses insurance cover? or whether they exist? (other than them handing this over to me willingly and my say so to there existance?)


If it does become worst case scenario , any ideas as to what may be the next course of action?

any advice would be appreciated


The theory is (was) you're supposed to (by law) ensure someone is insured before entrusting the keys to them - did you? But - at the moment the live topic is who the driver was on the day in question - if you have provided a name and address etc (vald and true at the time) you may be OK if the slight lateness gets overlooked. There is no onus upon you to locate the driver - but if s/he is a foreign national, visitor, etc etc you can expect a thorough examination of what you have said and maybe something to show he/her was insured.....was he/she?
tara961
Thank you for responding

I was shown a certificate but cant find the copy. In hindsight I could kick myself for not being more careful with it but also I had no clue of what had taken place until over a month later and had moved home since.
I trusted they were of sound character and document/details I viewed to be true, it didnt occur to me that anything like this would happen.

This person was a UK citizen.

If its a case of the other party never comes forth , will I then have to take the punishment?

sad.gif unsure.gif

Logician
I am not sure why we are now talking about insurance. What offence is on the NIP, is it not having insurance or something else?
tara961
the NIP states 38mph in a 30
Gan
QUOTE (tara961 @ Thu, 5 Apr 2012 - 00:13) *
Thank you for responding

I was shown a certificate but cant find the copy. In hindsight I could kick myself for not being more careful with it but also I had no clue of what had taken place until over a month later and had moved home since.
I trusted they were of sound character and document/details I viewed to be true, it didnt occur to me that anything like this would happen.

This person was a UK citizen.

If its a case of the other party never comes forth , will I then have to take the punishment?

sad.gif unsure.gif

You can't take any penalty for a speeding office because you weren't the driver
The only issue for now is whether the police believe he/she exists

Please do the NIP Wizard with more details about the offence

I'm finding it odd that you think the person has done a runner to avoid a course or a £60 speeding ticket
Logician
QUOTE (tara961 @ Thu, 5 Apr 2012 - 08:44) *
the NIP states 38mph in a 30

That would be in the range where the driver might be offered the chance to do a speed awareness course rather than anything else, which would avoid getting any points. The question of insurance is not normally raised for speeding matters unless there is a suspicion that some fictitious name has been used, typically an overseas resident who has returned home. If you have given a false name, put this right now with a letter saying you now realise it was yourself driving after all. People have gone to jail for this sort of thing when it all unravels. On the other hand, if you have correctly identified a named driver, it is not up to you to track them down if they have disappeared, but give any information you can as to their whereabouts.
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