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Qwertykid74
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - October 2014
Date of the NIP: - 19 days after the offence
Date you received the NIP: - 21 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A14, Newmarket
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Recorded
If your are not the Registered Keeper, what is your relationship to the vehicle? - Subcontractor using company 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 - Driving home from work location

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)? - No
Is the NIP addressed to you personally? - Yes
Although you are not the Registered Keeper, were you the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - No
As you were not responsible for the vehicle, somebody else has named you as the driver. 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:
  • As you are not the person keeping the vehicle, the reasonable diligence test doesn't apply to you.
    Therefore, you are only required to provide such information as is in your power to give (e.g. the names and addresses of the possible drivers).

    You should reply within the 28 day period and explain the circumstances in a covering letter.

Generated by the PePiPoo NIP Wizard v3.3.2: Tue, 02 Dec 2014 21:57:46 +0000
BaggieBoy
Any question?
southpaw82
Why are you unsure who was driving?
Qwertykid74
Myself and another engineer had been on the road from 4am and the said offence was at 12:15 this would have been on the way home and I cant remember which of us drove as we often swap about..!

Baggieboy im unsure about your comment..?
peterguk
You need to sit down with your friend and using diary, phone bills, credit card statements, maps etc work out who was driving else 6 points and £500 ish fine is heading your way.

Less than 3 weeks ago, so shouldn't be that difficult.
Qwertykid74
Peteguk, I no longer work for the company and the other lad has since left and I have no way of contacting him, although he and the boss live in the same town I'm over 50 miles away and the boss wont answer my calls...?g
southpaw82
There are more ways than just talking to him. Mobile phone records (assuming you don't use your phone while driving)?

How was the vehicle in your possession? Did you sign for it? Were you the "designated driver"? Was it yours aND you took it home?
Qwertykid74
As daft as it sounds iI cant recall how I ended up with the van but on the day in question I picked up the other lad at 4am, I never signed for said van and neither of us were designated driver, First thing I did was check my phone call list but it doesnt go back far enough.!
peterguk
Trace your journey back home (assuming you remember where you were working). Fuel stops? Who paid? Did you drop him off? Did you take van home?

Your problem is that Magistrates often find it difficult to believe a grown adult can't remember a journey of a few weeks ago, so the odds are against you if it goes to court.
Qwertykid74
As I said, I drove too the job no dispute, but my confusion is that I cant recall who drove home and I'm guessing the other lad must be denying being the driver and as he and the ex boss are friends it seems I'm the scape goat.
southpaw82
I'm trying to work out if you were "the person keeping the vehicle" or not. If you were, you have to name the driver. If you were not then you only have to give such information as is in your power to give that may help in identifying the driver.
peterguk
QUOTE (southpaw82 @ Tue, 2 Dec 2014 - 23:23) *
I'm trying to work out if you were "the person keeping the vehicle" or not. If you were, you have to name the driver. If you were not then you only have to give such information as is in your power to give that may help in identifying the driver.


So in other words, when did you get the van? Did you have the van that week? Did you normally take it home at night?
AFCNEAL
The harsh reality is that a Mag will be deeply sceptical that a grown adult can remember starting the day's journey but conveninetly can't remember anything about the journey home? How long was this journey in miles?
sarah55
QUOTE (Qwertykid74 @ Tue, 2 Dec 2014 - 23:21) *
As I said, I drove too the job no dispute, but my confusion is that I cant recall who drove home and I'm guessing the other lad must be denying being the driver and as he and the ex boss are friends it seems I'm the scape goat.

You simply have to give all of the information you have that can lead to the identification of the driver. The boss, presumably the registered keeper, has more responsibility that you do in that respect.
You can say you were in the car but were probably not driving (if that is true) then give the names and addresses (if you have them) of the boss and the other guy. Back to them as the saying goes.
The boss wasn't there so he can't say which one of you was driving and the other chap has an equal say in this as you have...of course he may be very sure it was you driving at the time; therein lies your problem.
What you need to be is as sure as the other chap is that the other guy was driving.
The key thing is that you have to give the information you have.
The Rookie
QUOTE (sarah55 @ Wed, 3 Dec 2014 - 16:25) *
You simply have to give all of the information you have that can lead to the identification of the driver.

Simply WRONG, that is not sufficient at all if he is the keeper, nor is it correct if he is any other person.
Qwertykid74
Ok so after a bit of digging in the darkest depths on the day I had to borrow a friends car to travel from home to Featerston then drove to the job in the van and I'm damn sure the other guy drove back as I still had to drive home from there aprox milage round trip 300 miles.
fedup2
QUOTE (Qwertykid74 @ Wed, 3 Dec 2014 - 20:14) *
Ok so after a bit of digging in the darkest depths on the day I had to borrow a friends car to travel from home to Featerston then drove to the job in the van and I'm damn sure the other guy drove back as I still had to drive home from there aprox milage round trip 300 miles.




If your SURE someone else drove,you need to name tham.
Qwertykid74
Sent letter off today detailing my position so awaiting a reply I have a couple of bullets left in my ammo, tampered time sheet and an email sent an hour after the ticket which would have been sent during the journey so awaiting on their reply.
Steve_999
QUOTE (Qwertykid74 @ Thu, 4 Dec 2014 - 18:18) *
Sent letter off today detailing my position so awaiting a reply I have a couple of bullets left in my ammo, tampered time sheet and an email sent an hour after the ticket which would have been sent during the journey so awaiting on their reply.


I do hope you don't mean that as it reads!
peterguk
QUOTE (Qwertykid74 @ Thu, 4 Dec 2014 - 18:18) *
Sent letter off today detailing my position so awaiting a reply I have a couple of bullets left in my ammo, tampered time sheet and an email sent an hour after the ticket which would have been sent during the journey so awaiting on their reply.


Did you include any names?
timbstoke
QUOTE (Qwertykid74 @ Thu, 4 Dec 2014 - 18:18) *
Sent letter off today detailing my position so awaiting a reply I have a couple of bullets left in my ammo, tampered time sheet and an email sent an hour after the ticket which would have been sent during the journey so awaiting on their reply.


What "position"? If you know you weren't driving, then you only need to name the person you know to have been driving. Writing a letter sounds distincly like there's a "but" in there, and if you're not going to make your nomination clear, you might as well not bother.
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