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Full Version: [NIP Wizard] Received NIP, unsure who was driving
FightBack Forums > Queries > Speeding and other Criminal Offences
bbr620
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - July 2013
Date of the NIP: - 6 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): - A74M S.B.C. near to Torwood O/B, J17, Lockerbie
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? - 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 - Boyfriend was maybe driving car, unsure as we split the journey. saw camera van, which was on overhead gantry, camera pointing out the side window of camera van. road conditions were excellent, sunny, warm, dry and traffic was light.

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: Wed, 07 Aug 2013 19:13:43 +0000
mrh3369
What is the alleged speed and limit? As you were not driving all you need do is return the s172 naming your boyfriend.
Pete D
How can you be unsure who was driving. You boyfreind was in the drivers seat and he jumped on the brakes. Is your BF insured to drive your car. Pete D
bbr620
sorry mrh3369, we're actually unsure who was driving, we split the driving and passed at least 3 camera vans between glasgow to manchester so unsure who was driving at the time near lockerbie
Logician
QUOTE
Boyfriend was driving my car, i was in passenger seat


QUOTE
Unsure who was driving


It sounds as though actually you know quite well who was driving. Claiming not to be sure who was driving is nowadays very unlikely to work as a loophole. You would be best to name the B/F and return the form. As this was in Scotland the "unsigned route" is a possibility for him in due course, but do a search on here to see the difficulties that may arise, basically he will need to avoid being in if the police come to call for 6 months.
peterguk
So who set off in the driver's seat? At least you know the camera van that got you was close to home.

Shouldn't be difficult to remember, it was only a week ago.
Logician
You had better work out who was driving because saying you do not know on the form will inevitably lead to a court appearance. Glasgow to Lockerbie is about 70 miles, so it seems very likely that whoever started the journey was still driving.
bbr620
boyfriend on 6 points and is HGV driver so looking at this unsure angle for s172 as i'm on 3 points only, he may get a ban? was wondering if i reply to nip that we're unsure, will they provide photo evidence so i can see how clear the photo is?
Logician
You can write back asking for any available photographs to assist in identifying the driver, making no mention of proof or evidence which you are not entitled to at this stage. Most forces will send these or direct you to a website. If you wash off the details and post it up here following the directions in the FAQs, people will be able to tell you if it is a clean ping.

This does not stop the time running on the 28 days you have to respond. Failing to identify the driver is a much more serious offence than speeding, so do not risk that.

Whether the B/F gets a ban depends on the speed and limit. Mr Huhne and Ms Pryce will tell you that naming the driver according what seems most convenient at the time is not a good idea, unless you fancy sampling the hospitality of the Scottish Prison Service.
mrh3369
If you knowingly name the wrong driver you could be jailed for attempting to pervert the course of justice, failing to name the driver will put you in the dock with the near certain outcome of 6 points and a large fine, my advice is name the driver and tell him to read up on going unsigned.
bbr620
thank you logician, i will write them asking if they can assist me in identifying driver as it was a split driving journey, see if they help, then post update when they reply.
Hotel Oscar 87
Don't shilly-shally a brief, and to the point:

Dear Sirs

Notice of Intended Prosecution No XZXZXZXZ

I refer to the above NIP and ask that I be provided with a copy of any photograph or video still that would assist me in identifying the driver at the time of the alleged offence.

Yours faithfully

bbr620

There is no need to embroider nor give any reason beyond that of your legal duty.
Pete D
Was your boyfriend insured to drive your car. ?????? Pete D
peterguk
QUOTE (bbr620 @ Wed, 7 Aug 2013 - 20:27) *
boyfriend on 6 points and is HGV driver so looking at this unsure angle for s172 as i'm on 3 points only, he may get a ban? was wondering if i reply to nip that we're unsure, will they provide photo evidence so i can see how clear the photo is?


So now you've admitted the true reason for the "unsure" story. And on a public forum.

As advised, DO NOT even consider it. Anything is better than jail - for the both of you.
susie_mcg
QUOTE (peterguk @ Wed, 7 Aug 2013 - 22:10) *
QUOTE (bbr620 @ Wed, 7 Aug 2013 - 20:27) *
boyfriend on 6 points and is HGV driver so looking at this unsure angle for s172 as i'm on 3 points only, he may get a ban? was wondering if i reply to nip that we're unsure, will they provide photo evidence so i can see how clear the photo is?


So now you've admitted the true reason for the "unsure" story. And on a public forum.

As advised, DO NOT even consider it. Anything is better than jail - for the both of you.


Agreed
I know of least one person who has admitted to perverting the course of justice on this forum and he is now doing time in jail.
You've not stated the alleged speed unless I've missed it, this will help us advise on the likely outcome. FYI Speed awareness courses are not available for an offence in Scotland.
Also you've not answered the question re insurance. If you deal with this promptly and don't dilly dally it's unlikely they'll look into that (assuming it's a concern of yours) Messing about with identifying the driver is more likely to cause them to look deeper.
Name the bf and take the consequences, it's the smartest option.
norahl
Bbr620 said. "... saw camera van, which was on overhead gantry, camera pointing out the side window of camera van. road conditions were excellent, sunny, warm, dry and traffic was light."
Bbr620 knows too many details, writing those details here, to be unsure about the driver.
If people here can see through your construction in just a few of your words you are heading for great disappointment and shock.
You need to start thinking about what you are doing before its to late.
Jlc
We still don't know the alleged speed and limit...

Scottish courts also discount points so a totting ban is unlikely.
The Rookie
The OP is heading for a whole world of pain if she and her boyfriend continues this route, worth repeating the content of a text from Chris Huhne to his son were he stated he had no intention of seeing his mother (Vicky) sent to holloway, unfourtunately Miss Pryce wasn't so bright and sent herself there anyway.
sgtdixie
QUOTE (bbr620 @ Wed, 7 Aug 2013 - 20:27) *
boyfriend on 6 points and is HGV driver so looking at this unsure angle for s172 as i'm on 3 points only, he may get a ban? was wondering if i reply to nip that we're unsure, will they provide photo evidence so i can see how clear the photo is?


Just to be crystal clear about this. You have posted on a public forum a clear indication that you are considering making a reply based on which one of you the penalty will least effect. If you carry on there is every likelyhood you will both end up in prison.

Your boyfriend is a professional driver who probably drives for 4 1/2 hours at a time tens of thousands of miles a year. You are going to try and convince a court that he couldn't drive from Glasgow to the Scottish border without you taking over?
The Rookie
QUOTE (Pete D @ Wed, 7 Aug 2013 - 20:16) *
How can you be unsure who was driving. You boyfreind was in the drivers seat and he jumped on the brakes. Is your BF insured to drive your car. Pete D

The OP appears to have edited some very salient detail out. of course this can usually be recovered.
sgtdixie
I suspect the man down the pub told her if she deletes it it will go away. Sadly said man won't be sharing a cell with her and boyfriend.
bbr620
91mph on motorway, he's insured and i'm naming him as driver, any ideas on whether it'll be a cofp / court?
sgtdixie
cofp
Jlc
Normal service seems to have been resumed - 3 points will mean he has to be very careful as any more will invoke a 6 month totting ban unless an exceptional hardship plea is accepted.
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