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FightBack Forums > Queries > Speeding and other Criminal Offences
BCD1
Hello everyone. I am new to this site and have read various threads on the 14 day rule after receiving NIP. Points to consider before I receive advice.
1. It's a company car whereby my spouse is also insured to drive the car.
2. My wife Was driving to work and using the company car.
3. Date of Offence: Sat. 10th Jan 2015
4. Nature of tech used: Hand held radar by police motor cyclist - Zapped at 41mph in 30mph zone but not pulled over.
5. Date of issue my company received NIP: 17/02/15
6. Date of issue I received NIP: 24/02/15
7. My wife's work colleague was also allegedly speeding on the same day at a similar time and received her NIP within a week.

My Questions:
1. Do I first fill out the NIP to say my wife was driving and then get her to send a letter of rejection based on it was received over 4 weeks after the offence or do I just send a letter of rejection as in my name anyway?
2. If I Send a letter of rejection, will it be acknowledged by the partnership to advise no further action?
3. If I send a rejection letter, do I send both a copy of the original NIP that was sent to my company and the one sent in my name as the driver?
4. If a rejection is valid, what is the wording used as I read various threads using phrases such as barred.

One can argue, my wife was speeding and that is against the law....enough said! However, typically this is a road that goes from 40mph to 30mph and not glaringly obvious but there are signs. I also feel that £100 fine and 3 points is harsh so if the NIP can be quashed on a technicality then I would favour this option.

I would really appreciate some factual advise as have been sitting on it for over a week now.

Kindest Regards,
Barney





morrisman
Chances are that the first NIP, the only one covered by the 14 day rule, went to the lease company, who named your company, who in turn named you. You need to name your wife or you will end up with 6 points and a big fine for Failure to Furnish.
susie_mcg
The first NIP needs to arrive with the registered keeper within 14 days, as it's a company car that's likely to be a lease company.

You need to return the one addressed to you, naming your wife as the driver. The 14 day rule is no good to you in the case of a company car. You have no basis to "reject" it, if you don't comply with the request for driver details you could face 6 points and a hefty fine for failure to furnish driver details.
peterguk
As stated, even if the NIP was late, that would only be of use to the driver.

You were not the driver, so your obligation is to simply name the driver (your wife) and return the form.

It is likely the NIP to your company was the 2nd in the chain not the 1st.

If the signs were present then she has no defence.
Jlc
As above, it's highly unlikely the 14 'rule' applies here but worth checking who has the v5. (Lease company probably)

In regards to signs there should be 30mph terminal signs but chances are there is a system of street lighting that makes it a restricted limit of 30 where repeaters are not allowed.

That speed should see the offer of a course to avoid the points but will still be around £100 and half a day of her time. (This will only be offered if the driver nomination is done quickly as there's a limited time to take it)

Otherwise the 3 points £100 will be the cheapest way out of it.
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