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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - May 2015
Date of the NIP: - 4 days after the offence
Date you received the NIP: - 5 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A451 Mold Road, Wrexham
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? - 0
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 - Received NIP for 35mph.
Unsure if driver was me or wife. We make this 110 mile journey from North Wales to West Midlands frequently and share driving. We don't always drive the same leg of the journey.

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: Fri, 08 May 2015 11:13:35 +0000
Luckily for you it was only a few days ago, so shouldn't be difficult to work out who was driving.

You can write and ask for "photos to assist in identification of the driver". They may or may not supply them.

Remember to return the form with driver details within 28 days whether the photos arrive or not.

SAC should result upon nomination.
Pete D
Telling them you are unsure will most probably lead to 6 points and a £600 fine for Failure to Provide. As you were pinged in Wrexham how far was that from the beginning or end of your journey. Pete D
There is a statutory defence if you cannot name the driver - but in real terms it is not easy to convince a cynical bench that you couldn't work out who was driving in these circumstances. If you can show that with reasonable diligence you couldn't identify the driver then you can walk out of court without conviction.

As noted above, the price of 'failure' is far in excess of the underlying allegation.

You have two options:

(1) Work out who was driving, or failing that take your best guess. As noted, as this was a few days previously if you can remember who started driving and work out where you changed over, you should be able to work out who was driving. You may not be completely sure but nominating the person most likely to have been driving is not attempting to pervert the course of justice, which is deliberately naming the wrong driver.

(2) Reply offering the names of both possible drivers and explain why you are unable to determine which of you was driving at the time in question. This will almost certainly result in a summons for failure to provide driver details and you will have to persuade a court that you could not, with reasonable diligence, have identified the driver. This is not impossible, but is increasingly difficult as too many people have tried to get off speeding tickets in the past by using this defence, and magistrates have become highly suspicious of claims that two grown adults cannot remember a journey they made a few days previously. If you cannot show that you were genuinely unable to identify the driver, the penalty is 6 points, a fine of several hundred pounds, and an MS90 code on your driving licence which will make getting insurance difficult and expensive for the next 5 years - much more so than a minor speeding offence. Insurance companies see the code, and wonder what you did that was so terrible that 6 points and £500 was a better option than owning up to it...

Given the disparity in the penalties, in these circumstances taking your best guess is usually the most pragmatic option.
As mentioned, not being able to remember who was driving on a journey 5 days ago would raise eyebrows. Assuming that this frequent journey is not daily, then it is a question of thinking back through the steps of the journey, working out when you stopped and swapped (you should be able to recollect where you stopped) and then you should be able to work out who paid for petrol, or bought coffee, and think about the odd little things on the journey, like the very annoying lorry that pulled out, or the embarrassing mistake that one of you made cutting up another driver or the lunatic whipping by at a 100mph on the two lane section - there is always something to hang your hat on to pick out a journey and from that incident work your way back to who was driving. You soon find a "it could have been either of us" turns into "Well you have driven first the last 5 times and we never stop before x therefore it must be you."

It really isn't worth taking the risk on a court appearance on being unsure - their test would be why could you not remember 5 days after the event, not 6 months later in court. However, if you really want to go that path, you'd need to explain how many times you change, where you stop off, whether you do a quick swap or get a coffee and how many times a week you do the journey (and I really wouldn't argue it if you don't do the journey more than once a week because you'd be saying you couldn't remember the last time you went). A journey of that length is really only a single break for most people, even bearing in mind the slow roads near Wrexham, so you would really have your work cut out to convince someone that you chopped and changed so much that it was all a blur.
Thanks all. Google maps street view has sorted me out.

It seems a speed awareness course is likely.
I'll take it on the chin...first offence in twenty years.
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