Hi,

I have a company car and was allegedly caught doing 38 in a 30..

This was on May 1st and because it was a company car it went to the leasing company first.. I checked and they received it on day 13.

The police then took a further 4 weeks to send it to my company, who then replied.. a months later I received the NIP 3.5months after the alleged incident..

As it was a company car and is often borrows by people from work I wasn't sure if it was me and couldn't recall that far back.. So I sent a letter to them asking for photogrqaphic evidence.. They replied last week..

I read somewhere that they have 6 months to charge you, is this true..

and I still don't even know if it was me driving??

What should I do

B

Failing to reply to the S.172 within 28 days of receipt will result in a summons for FtF. 6 points and hefty fine.

Best you work out who was driving pronto.

OK so if it was me, and not saying it was.. Could I try and string it out for another 6 weeks and get it cancelled.

Get what cancelled? The S.172 offence is complete if you fail to reply within 28 days of receipt of the request.

If you reply within 28 days, a CoFP or a summons will turn up. Probably too late for a SAC, which is what would have resulted if you hadn't mesed around. If you don't accept the CoFP within the 28 days, a summons will turn up anyway.

So what did they reply ?
I hope you asked for photos "to identify the driver" and didn't use the word "evidence"
That often means you get nothing

Is the location somewhere that you were likely to be driving at that time ?
Have you checked your diary and email records to see where you were ?

Unless you have a good reason to suspect someone else, your only realistic chance to avoid a prosecution for an S172 offence is to name yourself

Most company car drivers keep records of business v private mileage for their income tax
In future it would be a good idea

Nope. After 28 days you commit the offence of failing to furnish the details as is and it is 6 points and circa £500 fine.

If you had named yourself straight away when you got your paperwork you may just have been able to be offered a SAC. As it is it will be a COFP which is 3 points and £100 fine.

Your only slim hope will be if they send you a COFP less than 28 days before the 6 months, but if your 28 days is nearly up that is unlikely in the extreme.

Your company seems to know it was you driving since they named you on their NIP, which led to the one that you received....

For the absence of doubt if your plan is merely to try and string it out as long as possible in the hope that it goes away, it won't. If it were that simple to avoid prosecution everyone would be doing it.

For such a small speeding transgression you're working quite hard at converting it into a much harsher punitive punishment.